Biswakarma Khara v. State Of West Bengal

C.R.M. (A) 2885 of 2023 08.08.2023 ML. 114 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Bhadreswar Police Station Case No. 216 of 2023 dated 14.05.2023 under Sections 341/323/325/326/504/34 of the IPC.

And In the matter of: Biswakarma Kahar ....petitioner.

Mr. Bitasok Banerjee ...for the petitioner.

Mr. Pravas Bhattacharya Mr. M.F.A. Begg ...for the State.

1. Heard learned Counsel for both the parties.

2. It is fairly submitted at the Bar that the injury sustained by the victim do not attract ingredient of Section 326 IPC. There is stated to be case and counter case between the parties.

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 including the conditions 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.

4. The concerned Arresting Officer is hereby directed to act upon

the server copy of this order.

5. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

7. The application being CRM (A) 2885 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)