Calcutta High CourtCRM (A)/3031/2023allowed

Ashim Halder v. State Of West Bengal

2023-08-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

235.

21-08-2023 (ct. no.29) Sayandeep Allowed CRM(A) 3031 of 2023 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 464 of 2023 dated 09.07.2023 under Sections 326/307/34 of the Indian Penal Code and 25/270 of the Arms Act.

- A n d - In the matter of : Ashim Halder .... Petitioner.

Mr. Ashok Das Mr. Amarul Islam Ms. Rama Ray Mr. sourav Mukherjuee ... For the Petitioner.

Mr. Zareen N. Khan Md. Kutubuddin ......for the State

1. Heard learned counsel for the parties.

2. Considered the materials placed before us. It is found that Siddhartha Das, Samrat Ghosh, Gouranga Ghosh have fired the shot causing injury to two victims. So far as the present petitioner is concerned, there is allegation of his presence at the spot. The occurrence is alleged to have

happened during gram panchayat election between two rival groups.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that 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 conditions:

i) The petitioner is 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 petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

4. The petitioner is directed to appear before the IO within 21 days from today along with a server copy or certified copy of this order.

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

6. The application being CRM (A) 3031 of 2023 is disposed of.

7. The concerned IO is hereby directed to act upon the server copy of this order, if required

8. Learned counsel for the petitioner is allowed to make necessary corrections in the cause title during the course of the day.

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