Calcutta High CourtCRM (A)/3217/2023allowed

Anjarul Hoque @ Jhony And ORS v. State Of West Bengal

2023-08-10Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3217 of 2023 10.08.2023 SL. 6 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 861 of 2023 dated 14.07.2023 under Sections 341/323/325/354/506/376/511/427/34 IPC read with Section 3/4 of the Explosive Substances Act. And In the matter of: Anjarul Hoque @ Jhony & Ors. ....petitioners.

Mr. Kallol Mondal Mr. Amanul Islam Mr. Krishanu Roy Mr. Sourik Das Ms. Roma Roy ...for the petitioners.

Mr. Sudip Ghosh Mr. Bitasok Banerjee ...for the State.

1. Heard learned Counsel for the parties.

2. There is stated to be case and counter case between two rival political groups. The occurrence happened just prior to the Panchayat Election.

3. The statement of the victim recorded under Section 164 Cr.P.C. is indicative of the fact that there is no iota of allegation constituting the offence under Section 376/511/354 IPC. The injury sustained by the victim is negligible in nature.

4. Investigation is stated to have progressed substantially.

5. 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 fact 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.

6. 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.

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

8. The application being CRM (A) 3217 of 2023 is disposed of.

9. 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.)