Calcutta High CourtCRM (A)/2766/2023allowed

Debabrata Bag v. State Of West Bengal

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

C.R.M. (A) 2766 of 2023 07.08.2023 ML. 27 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mahisadal Police Station Case No. 263 of 2023 dated 05.05.2023 under Sections 341/323/420/506/34 IPC.

And In the matter of: Debabrata Bag ....petitioner.

Mr. Suman Nandy Mr. Abhijit Kumar Adhya ...for the petitioner.

Mr. Binay Panda Mr. Puspita Saha ...for the State.

1. Heard learned Counsel for the parties.

2. There is stated to be case and counter case between the parties on the issue of supply of a boat load of bricks to the present informant against whom the present petitioner had filed FIR earlier for non-payment of money and harassment for the aforesaid consignment. Subsequently, after about one month, the present FIR has been filed by the informant who is the accused in the earlier FIR.

3. Investigation is stated to have progressed substantially.

4. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail in the event of his arrest by the Arresting Officer 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 fact that: i) the petitioner is directed to appear before the I.O.

once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

ii) the petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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

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

7. The application being CRM (A) 2766 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

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