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Calcutta High CourtCRM (A)/2830/2023allowed

Surajit Singh v. State Of West Bengal

2023-08-07Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

07.08.2023 (D/L 73) Ct. No.29 Allowed sdas CRM (A) 2830 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Burdwan P.S. Case No. 799 of 2023 dated 26.06.2023 under Sections 341/323/326/506/34 of the Indian Penal Code.

In the matter of : Surajit Singh ... petitioner Mr. Allen Felix.

... for the petitioner Mr. Sibal Bapuli, learned APP Mr. Bibaswan Bhattacharya ... for the State

1. Heard the learned Counsel for the parties.

2. The matter arises out of a dispute between the husband and wife. The petitioner is the husband of the informant. She is opined to have sustained a simple injury in her hand.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of injury as discussed supra, the act that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society 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 including the conditions:

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.

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) 2830 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.)