Calcutta High CourtCRM (A)/2381/2023allowed

Nifajuddin Sekh @ Nefu Sk And ORS v. State Of West Bengal

2023-07-05Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Apurba Sinha Ray2 pages

05.07.2023 (D/L 25) Ct. No.29 Allowed (SKB) CRM (A) 2381 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 181 of 2023 dated 18.03.2023 under Sections 186/323/333/353/ 326/307/34 of the Indian Penal Code.

In the matter of : Nifajuddin Sekh @ Nefu Sk. and others ... Petitioners Mr. Arnab Chatterjee, Mr. Jishan Iqbal Hossain, Ms. Dhanasree Biswas, Ms. Poulami Bose ... for the petitioners Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta ... for the State

1. Heard the learned Counsel for the parties.

2. During the raid by a police party including civic volunteers, the villagers are alleged to have objected to such raid and the petitioners are alleged to have assaulted one civic volunteer along with others who according to learned counsel for the State, sustained very serious injuries. From the injury report, we find that the single victim has not sustained any bonny injury except a cut injury on his palm nor he was hospitalised for more than 20 days.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, sequence of evidence and substantial progress in the investigation, it

is directed that each of the petitioners shall be released on bail in the event of his arrest by the Arresting Officer on such terms and conditions as deemed just and proper in the facts and circumstances of the case in connection with Domkal Police Station Case No.181 of 2023 dated 18.03.2023 including the conditions that i) each of the petitioners shall appear before the I.O. for the purpose of investigation once in every alternate day at the time fixed by the I.O. till submission of final form (ia) during such appearance each of the petitioners shall remain present in the P.S. for at least one and half hours (ii) they shall not involve themselves in similar or any other offence during the currency of this order.

4. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM(A) 2381 of 2023 is disposed of.

7. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.)