Samsuddin @ Kamaluddin v. State Of West Bengal

C.R.M. (A) 2553 of 2023 19.07.2023 ML. 155 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhadreswar Police Station Case No. 43 dated 03.02.2023 under Sections 448/323/326/307/354/379/504/34 IPC, corresponding to G.R. Case No. 215 of 2023 pending before the learned ACJM, Chandannagar, Hooghly.

And In the matter of: Samsuddin @ Kamaluddin ....petitioner.

Mr. Ansuman Bera ...for the petitioner.

Mr. S. Banerjee ... for the State.

1. Heard learned Counsel for the parties.

2. From the injury report in the case diary, it is found that the victim has suffered a deep cut injury on left axilla, back of chest which is superficial in nature. There is, however, omnibus allegation against the petitioner so far as offence under Section 354 IPC is concerned.

3. Charge-sheet is stated to have been filed in the meantime.

4. Regard being had to such 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 Additional Chief Judicial Magistrate, Chandannagar, Hooghly in G.R. Case No. 215 of 2023 arising out of the aforesaid P.S. case within 15 days from today. On his appearance and application for bail he shall be released on bail on such terms and conditions as deemed just and

proper in the facts and circumstances of the case.

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

6. The application being CRM (A) 2553 of 2023 is disposed of.

7. Learned Additional Chief Judicial Magistrate, Chandannagar, Hooghly is hereby directed to act upon the server copy of this order, if required.

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