Kaber Mondal v. State Of West Bengal

C.R.M. (A) 2458 of 2023 17.07.2023 ML. 64 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hogolberia Police Station Case No. 88 of 2023 dated 23.04.2023 under Sections 341/325/326/506/34 IPC.

And In the matter of: Kaber Mondal ....petitioner.

Mrs. Karabi Roy ...for the petitioner.

Mr. Antarikhya Basu ...for the State.

1. Heard learned Counsel for the parties.

2. Considered the materials placed by them including the statement of the injured and the injury report in respect of him. The victim is stated to have sustained a deep cut injury on his left hand which is not a vital part of the body. The genesis of events involves land disputes and civil proceeding between the parties.

3. The investigation is stated to have progressed substantially.

4. Regard being had to the facts and submissions, factum of permanent residence of the petitioner, nature of injury sustained and situs of injury of the victim, the age of the petitioner who is stated to be 65 years old, pendency of civil disputes between them and substantial progress in the investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of

the case including the condition that (i) the petitioner shall appear before the I.O. once in a week on the day and time fixed by the I.O. till submission of F.F.

5. The petitioner is directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

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

7. The application being CRM (A) 2458 of 2023 is disposed of.

8. 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.)