Haricharan Konai @ Hari Konai And ANR v. State Of West Bengal
08.08.2023 Court No.29 Monthly List Serial No.103 AP CRM (A) 2873 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 06.07.2023 in connection with Bharatpur Police Station Case No.162 of 2023 dated 11.05.2023 under Sections 342/323/354/307/506/ 509/34 of the IPC.
And In Re: Haricharan Konai @ Hari Konai and Anr. ... ... Petitioners.
Mr. Manas Kumar Das Mr. Aritra Kumar Thokdar ... for the Petitioners.
Mr. Tanmoy Kr. Ghosh Ms. Sonali Bhar ... ... for the State.
1.
Heard learned Counsel for both the parties.
2.
Considered the materials placed by them including the statement of the victim recorded under section 161 of the Cr.P.C. and the injury report in respect of them. The two victims are opined to have suffered simple injuries.
3.
Regard being had to the facts and submissions, 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 the petitioners 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:-
(i) The petitioners are directed to appear before the IO once in a week on the day and time fixed by the IO for the purpose of investigation till submission of Final Form. (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 Accordingly, the prayer for the anticipatory bail is allowed.
5.
Within 21 days from day petitioners are directed to appear before the IO along with a server copy or certified copy of this order.
6.
The application being CRM (A) 2873 of 2023 is disposed of.
7.
The IO is hereby directed to act upon the server copy of this order, if required.
(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)