Calcutta High CourtCRM (A)/2872/2023allowed

Md Abul Hasan @ Hapi Sk And ORS v. State Of West Bengal

2023-08-09Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2872 of 2023 09.08.2023 SL. 15 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Salar Police Station Case No. 121 of 2023 dated 16.05.2023 under Sections 341/323/325/307/34 IPC.

And In the matter of: Md. Abul Hasan @ Hapi Sk. & Ors. ....petitioners.

Mr. Pratip Kumar Chatterjee ...for the petitioners.

Mr. Swapan Banerjee Mr. Suman De ...for the State.

Mr. Navanil De Mr. Rajeshwaar Chakraborty Mr. Subhrajit Dey Mr. Srinjan Ghosh Ms. Monami Mukherjee ... for the defacto complainant.

1. Heard learned Counsel for the parties.

2. Considered the materials placed by them including the statement of the victim and the injury report in respect of him.

3. The victim is opined to have sustained fracture injury on his left fibula which is not a vital part of the body. Some other injuries are also there including head injury, but those injuries are simple in nature.

4. Investigation is stated to have progressed substantially.

5. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation, nature of injury as discussed (supra) and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail in the event of their 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 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.

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

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

8. The application being CRM (A) 2872 of 2023 is disposed of.

9. 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.)