Md Jane Alam @ Jane Alam v. State Of West Bengal

C.R.M. (A) 3006 of 2023 10.08.2023 ML. 213 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 Farakka P.S. Case No. 390 of 2022 dated 06.10.2022 under Sections 448/323/354/393/511/307/34 of the IPC pending before the learned ACJM, Jangipur, Murshidabad.

And In the matter of: Md. Jane Alam @ Jane Alam ....petitioner.

Mr. Swapan Kumar Mallick Mr. Sabyasachi Mondal ...for the petitioner.

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

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by them including the statement of the victim recorded under Section 164 Cr.P.C. and the injury report in respect of her. There is allegation of specific overt act against one Wasim. So far as the present petitioner is concerned, there is no allegation of any specific overt act.

3. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Jangipur, Murshidabad within 15 days from today in the G.R. case arising out of aforesaid P.S. case. On his appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. The learned ACJM is directed to act upon the server copy of this order, if required.

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

6. The application being CRM (A) 3006 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)