Calcutta High CourtCRM (A)/2648/2023allowed

Kenaram Ghosh And ORS v. State Of West Bengal

2023-07-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2648 of 2023 25.07.2023 SL. 29 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 Dhubulia Police Station Case No. 277 of 2023 dated 08.06.2023 under Sections 448/325/326/34 of the IPC.

And In the matter of: Kenaram Ghosh & Ors.

....petitioners.

Mrs. Karabi Roy ...for the petitioners.

Ms. Z. N. Khan Mr. Arup Sarkar ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by them including the statement of the witnesses recorded under Section 161 Cr.P.C. and the medical papers in respect of the victim who was treated in the hospital for one day only. There is no material on record to show that the victim sustained any bonny injury. There is stated to be case and counter case between the parties.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of injury as discussed (Supra) and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their 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 including the conditions that i) the petitioners are directed appear before the I.O. once in a week on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.; ii) each of the petitioner shall not threaten, induce or coerce any witness of this case in any

manner whatsoever during the currency of this order.

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

5. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

6. The application being CRM (A) 2648 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)