Calcutta High CourtCRM (A)/2708/2023allowed

Liyakat Sekh v. State Of West Bengal

2023-07-26Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

26.07.2023 (D/L 29) Ct. No.29 Allowed (SKB) CRM (A) 2708 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Murutia P.S. Case No.134 of 2023 dated 13.05.2023 under Sections 448/325/326/379/34 of the Indian Penal Code.

In the matter of : Liyakat Sekh ... Petitioner Mr. Asraf Mondal, Mr. Manas Kumar Das, Mr. Aritra Kumar Thokdar ... for the petitioner Mr. Pravash Bhattacharya, Mr. Pratick Bose ... for the State

1. Heard the learned Counsel for the parties.

2. The victim is stated to have sustained injury over left middle finger which is not grievous in nature on account of assault given by the present petitioner and his associates. The transaction is stated to have arisen out of boundary dispute. There is no past criminal antecedent against the present petitioner.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of offence, nature of injury as discussed supra and completion of 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 including the conditions that (i) the petitioner is directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form and (ii) the petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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) 2708 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.)