Somnath Ghorai And ANR v. State Of West Bengal

C.R.M. (A) 2612 of 2023 20.07.2023 SL. 43 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 Contai P.S. Case No. 492 of 2022 dated 11.12.2022 under Sections 307/323/325/341/506/509/34 of the IPC pending before the learned ACJM, Contai, Purba Medinipur.

And In the matter of: Somnath Ghorai & Anr.

....petitioners.

Mr. Biswajit Manna ...for the petitioner.

Mr. Shiladitya Banerjee ...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 materials on record, we do not find any ingredients of offence under Section 307 IPC at least prima faice. Charge-sheet is stated to have been filed.

3. Regard being had to facts and submissions, factum of permanent residence of the petitioners, nature of allegation and completion of investigation, it is directed that each the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Contai, Purba Medinipur within 15 days from today in G.R. Case arising out of aforesaid Contai P.S. Case No. 492 of 2022. On their appearance and application for bail each of 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 ACJM 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) 2612 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)