Ashraf Ali Alias Md Ashraf v. State Of West Bengal
07.08.2023 (D/L 69) Ct. No.29 Allowed sdas CRM (A) 2826 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ekbalpore P.S. Case No. 335 of 2023 dated 09.06.2023 under Sections 341/448/354B/ 506/ 509/ 323/114 of the Indian Penal Code.
In the matter of : Ashraf Ali @ Md. Ashraf ... petitioner Mr. Rananjay Chatterjee Ms. Sana Naaz ... for the petitioner Mr. Sudip Kumar ... for the State
1. Heard the learned Counsel for the parties.
2. Considered the materials placed by them including the statement of the victim recorded under Sections 161 and 164 of the Code of Criminal Procedure. It is alleged that in course of scuffle the petitioner is alleged to have pulled the wearing apparels of the victim.
3. Regard being had to such facts and submissions, 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 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) 2826 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.)