Calcutta High CourtCRM (A)/2967/2023allowed

Lilu Sk And ANR v. State Of West Bengal

2023-08-10Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2967 of 2023 10.08.2023 ML. 182 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 Bharatpur Police Station Case No. 237 of 2023 dated 06.07.2023 under Sections 341/ 448/ 323/ 325/ 354/ 307/ 379/34 of the IPC.

And In the matter of: Lilu Sk. & Anr.

....petitioners.

Mr. Manas Kumar Das ...for the petitioners.

Mr. Bidyut Kr. Roy Ms. Rita Datta ...for the State.

Mr. S. Das ...for the de facto complainant.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by them including the statement of the victim and the injury report in respect of them. The injury report in respect of one victim shows that injury is on the forehead with four stitches but the same is not grievous. So far as another victim is concerned there is bleeding injury in the nose out of trauma. 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 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 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 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.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today each of 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) 2967 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)