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Calcutta High CourtCRM (A)/3108/2023allowed

Bajaul Khan @ Mukrum Khan And ORS v. State Of West Bengal

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

C.R.M. (A) 3108 of 2023 22.08.2023 ML. 305 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Paikar Police Station Case No. 147 of 2023 dated 26.05.2023 under Sections 448/323/325/308/379/427/34 IPC.

And In the matter of: Bajaul Khan @ Mukrum Khan & Ors. ....petitioners.

Ms. Shila Chatterjee ...for the petitioners.

Mr. Navanil De ...for the State.

1. Heard learned Counsel for the parties.

2. Two of the victims are opined to have suffered simple injury which does not attract offence under Section 308 IPC at least prima facie. The clash between the parties also arose over trivial.

3. Regard being had to the facts and submission, 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 in the event of their 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 submissions of F.F.;

4. The petitioners are directed to appear before the I.O. within 21 days from today along with a server copy or certified copy

of this order.

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

6. The application being CRM (A) 3108 of 2023 is disposed of.

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

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