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Calcutta High CourtCRM (A)/2633/2023allowed

Umar Sk v. State Of West Bengal

2023-07-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

25.07.2023 (D/L 17) Ct. No.29 Allowed (SKB) CRM (A) 2633 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Khargram P.S. Case No.214 of 2023 dated 18.06.2023 under Sections 448/325/307/379/427/ 506/34 of the Indian Penal Code.

In the matter of : Umar Sk.

... Petitioner Ms. Minoti Gomes, Mr. Hafiz Ali ... for the petitioner Mr. Neguive Ahmed, ld. APP, Mr. Iqbal Kabir ... for the State

1. Heard the learned Counsel for the parties.

2. It is fairly submitted at the Bar that there is no injury report in respect of the victim as none has suffered injury. From the statements of the witnesses recorded under Section 161 Cr.P.C., it is found that there is allegation of assault by fist blows.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of offence and substantial progress in 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.

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

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

6. The application being CRM(A) 2633 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)