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Calcutta High CourtCRM (A)/2493/2023allowed

Joda @ Jay Mondal Etle @ Jaj Mondal v. State Of West Bengal

2023-07-18Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2493 of 2023 18.07.2023 ML. 98 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Chapra P.S. Case No. 714 of 2022 dated 20.12.2022 under Sections 189/353/332/34 of the IPC pending before the learned CJM, Krishnagar, Nadia And In the matter of: Joda @ Jay Mondal Etle @ Jaj Mondal ....petitioner.

Mr. Snehansu Majumder ...for the petitioner.

Mr. Sudip Ghosh Mr. Koushik Kundu ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by them including the injury report in respect of the victim BSF Jawan who is alleged to have sustained some cut injuries over his fingers alleged to have been inflicted by a sickle. Charge-sheet is stated to have been filed.

3. In view of such fact, we do not find any justification for custodial interrogation at this stage.

4. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of injury as discussed (Supra) and completion of investigation, it is directed that the petitioner shall surrender before the learned Chief Judicial Magistrate, Krishnagar, Nadia within 15 days from today in G.R. Case arising out of aforesaid Chapra P.S. case No. 714 of 2022. On his appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. The learned Chief Judicial Magistrate is directed to act upon the

server copy of this order, if required.

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

7. The application being CRM (A) 2493 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)