Calcutta High CourtCRM (A)/3058/2023allowed

Samim Abdur Rouf 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) 3058 of 2023 21.08.2023 ML. 258 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. 390 of 2023 dated 14.07.2023 under Sections 341/324/326/34 of the IPC.

And In the matter of: Samim Abdur Rouf & Ors.

....petitioners.

Mr. Arnab Chatterjee Mr. Anisur Rahman ...for the petitioners.

Ms. Faria Hossain Ms. Mamata Jana ...for the State.

1. Heard learned Counsel for both the parties.

2. From the injury report and the C.T. Scan report in the C.D. it is found that the victim has suffered two simple injuries though one of the same is on the scalp. As such 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) 3058 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)