Calcutta High CourtCRM (A)/3099/2023allowed

Mohan Mandal And ANR v. State Of West Bengal

2023-08-22Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3099 of 2023 22.08.2023 ML. 296 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 Mothabari Police Station Case No. 12 of 2023 dated 15.01.2023 under Sections 341/ 323/ 325/ 326/ 307/ 427/ 506/34 of the IPC.

And In the matter of: Mohan Mandal & Anr.

....petitioners.

Mr. Arup Kumar Bhowmick ...for the petitioners.

Mr. Joydeep Roy Ms. Sujata Das ...for the State.

1. Heard learned Counsel for both the parties.

2. One of the victim is alleged to have suffered fracture of first metacarpal and so far as another victim is concerned, he has sustained a slash injury on his back by a weapon called 'hasua' but the said injury is also not life threatening and not on vital parts of the body because of its superficial nature.

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 conditions that: i) The petitioners are 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 petitioners shall not threaten, induce or

coerce any witness of this case in any manner whatsoever during the currency of this order. iii) The petitioners shall not leave the jurisdiction of the P.S. without obtaining prior leave from the I.O.

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) 3099 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)