Calcutta High CourtCRM (A)/3057/2023allowed

Jamidar Sk @ Jamider Sk And ORS v. State Of West Bengal

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

C.R.M. (A) 3057 of 2023 21.08.2023 ML. 257 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 Suti Police Station Case No. 389 of 2023 dated 14.07.2023 under Sections 341/324/326/34 of the IPC.

And In the matter of: Jamidar Sk @ Jamider Sk & Ors. ....petitioners.

Mr. Anisur Rahman ...for the petitioners.

Mr. S. G. Mukherji, PP Mr. Partha Pratim Das Ms. Manasi Roy ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by learned Counsel for the parties including the injury report in respect of the single victim, who is opined to have suffered a simple cut injury. As such the offence under Section 326 IPC is not attracted at least prima facie.

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 condition that: i) The petitioners are directed to appear before the I.O. once in a fortnight 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) 3057 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)