Calcutta High CourtCRM (A)/2911/2023allowed

Gomed Ikbal @ Sk Gomed Eakbal 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) 2911 of 2023 09.08.2023 SL. 23 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 1125 of 2022 dated 13.12.2022 under Sections 341/324/325/307/354B/506/34 IPC (corresponding to G.R. Case No. 3385 of 2022). And In the matter of: Gomed Ikbal @ Sk. Gomed Eakbal & Ors. ....petitioners.

Ms. Minoti Gomes Ms. Roma Roy ...for the petitioners.

Mr. Joydip Roy Mr. Amanul Islam ...for the State.

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 injury as sustained by the victim is opined to be simple in nature. So far as allegation under Section 354B is concerned, the allegation is at the fringe. The parties are stated to be neighbours and there is stated to be case and counter case between them, the first case being filed by the present petitioners.

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 his 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) 2911 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.)