Calcutta High CourtCRM (A)/2997/2023allowed

Sk Abdur Rahaman @ Sk Abdul Rahaman And ORS v. State Of West Bengal

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

C.R.M. (A) 2997 of 2023 10.08.2023 ML. 205 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 762 of 2023 dated 10.07.2023 under Sections 143/341/323/325/326/307/379/435/506/120B IPC and Sections 25/27 of the Arms Act.

And In the matter of: Sk. Abdur Rahaman @ Sk Abdul Rahaman & Ors.

....petitioners.

Mr. Aniruddha Bhattacharyya Mr. Indranuj Dutta Mr. Atanu Basu Mr. Bikram Basak Mr. Suvajit Ghosh Dastidar ...for the petitioners.

Mr. Swapan Banerjee Ms. Purnima Ghosh ...for the State.

Mr. Bikram Banerjee Mr. Sagar Dey ... for the defacto complainant.

1. Heard learned Counsel for the parties.

2. There is stated to be a fight between two rival political groups on the next day of the election. One person has suffered injury which is hairline fracture on 7th and 8th ribs.

3. From the statement of the witnesses recorded under Section 161 Cr.P.C., there is no allegation of specific overt act against 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 and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail in the event of

their 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) 2997 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.)