← Library
Calcutta High CourtCRM (A)/3082/2023allowed

Abubakkar Shaikh v. State Of West Bengal

2023-08-29Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3082 of 2023 29.08.2023 SL. 10 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chapra Police Station Case No. 402 of 2023 dated 09.07.2023 under Sections 324/325/326/307/427/34 IPC.

And In the matter of: Abubakkar Shaikh ....petitioner.

Mrs. Karabi Roy ...for the petitioner.

Mr. Sujan Chatterjee ...for the State.

1. Heard learned Counsel for the parties.

2. The victim is stated to have sustained a fracture on his occipital region size of which is 2"x1/2"x1/2" with some stitches.

3. Learned Counsel for the petitioner submits that there is no record of past criminal antecedent against the petitioner.

4. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation, nature of injury as discussed (supra) 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 that: i) the petitioner is 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 petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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

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

7. The application being CRM (A) 3082 of 2023 is disposed of.

8. 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.)