Calcutta High CourtCRM (A)/2753/2023allowed

Sasadhar Kumar And ANR. v. State Of West Bengal

2023-08-07Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2753 of 2023 07.08.2023 ML. 21 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 Joypur Police Station Case No. 63 of 2023 dated 10.05.2023 under Sections 448/325/326/307/354/379/506/34 of the IPC corresponding the G.R. Case No. 850 of 2023.

And In the matter of: Sasadhar Kumar & Anr.

....petitioners.

Mr. Pawan Kumar Gupta Mr. Sougata Mitra Ms. Sofia Nesar Mr. Santanu Sett ...for the petitioners.

Mr. Anwar Hossain Ms Sreyashee Biswas ...for the State.

1. Heard learned Counsel for both the parties.

2. In a mob violence several persons (more than 7) are stated to have sustained injury. The petitioners have been named along with others so far as the transaction is concerned. The injury report in respect of the victim do not speak of any serious injury. Several co-accused persons are stated to have been released on anticipatory bail in the meantime.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of offence, 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 to 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) The petitioners 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) 2753 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)