Rafikul Islam v. State Of West Bengal

C.R.M. (A) 2539 of 2023 19.07.2023 ML. 141 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 Spl. Case No. 64 of 2022 arising out of Kushmundi P.S. Case No. 262 of dated 03.12.2022 under Sections 447/325/326/379/307/34 of the IPC and Section 12 of the POCSO Act pending before the learned Special Judge (POCSO Act), Gangarampur at Buniadpur, Dakshin Dinajpur. And In the matter of: Rafikul Islam ....petitioner.

Mr. Habibur Rahaman ...for the petitioner.

Mr. Zareen N. Khan Mr. Asif Dewan ...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. From the injury report it is found that the victim has suffered one fracture of her left arm. Admittedly the transaction happened following civil dispute and pending suit before the competent civil Court over a piece of land. Charge-sheet is stated to have been filed.

3. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of injury as discussed (Supra) and completion of investigation, it is directed that the petitioner shall surrender before the learned Special Judge (POCSO Act), Gangarampur at Buniadpur, Dakshin Dinajpur within 15 days from today in Spl. Case No. 64 of 2022 arising out of aforesaid P.S. case. 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.

4. The learned Special Judge (POCSO Act) is directed to act upon the server copy of this order, if required.

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

6. The application being CRM (A) 2539 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)