Tofik Sk And ORS. v. State Of West Bengal

C.R.M. (A) 2396 of 2023 20.07.2023 SL. 11 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 624 of 2023 dated 29.05.2023 under Sections 417/376/323/34 IPC.

And In the matter of: Tofik Sk & Ors.

....petitioners.

Mr. Mrityunjoy Chatterjee ...for the petitioners.

Mr. Gautam Banerjee ...for the State.

1. Heard learned Counsel for the parties.

2. Considered the materials placed by them including the statement of the victim recorded under Section 164 Cr.P.C.

3. The jurisdictional P.S. is directed to do the needful in accordance with law on the basis of the aforesaid statement of the victim in the case, which we do not want to discuss in detail to prevent prejudice to the prosecution.

4. The investigation is stated to have progressed substantially.

5. Regard being had to the facts and submission, factum of permanent residence of the petitioners, specifically, the aforesaid statement of the victim and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail in the event of their arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case

6. The petitioners are directed to appear before the I.O. within 21 days from today along with a server copy or certified copy

of this order.

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

8. The application being CRM (A) 2396 of 2023 is disposed of.

9. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)