Calcutta High CourtCRM (A)/2982/2023allowed

Giyash @ Giash Ali And ORS v. State Of West Bengal

2023-08-10Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

10.08.2023 (M/L 193) Ct. No.29 Allowed (SKB) CRM (A) 2982 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ratua P.S. Case No.250 of 2023 dated 12.05.2023 under Sections 341/325/324/323/308/34 of the Indian Penal Code (G.R. Case No.1290 of 2023). In the matter of : Giyash @ Giyash Ali and others ... petitioners Mr. Kazi Mokhlasur Rahman ... for the petitioners Mr. Prasun Kr. Dutta, ld. APP Mr. Nirupam Dhali ... for the State

1. Heard the learned Counsel for the parties.

2. Amongst all the offences, alleged offence under Section 308 IPC is only non-bailable in nature. It is fairly submitted at the Bar that the three victims have suffered some scratch injuries only, which are minor and simple in nature.

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 G.R. Case No.1290 of 2023 arising out of 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 fortnight 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. Accordingly, the prayer for the anticipatory bail is allowed.

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

6. The application being CRM(A) 2982 of 2023 is disposed of.

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

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)