Calcutta High CourtCRM (A)/3221/2023allowed

Lalon Sk And ORS v. State Of West Bengal

2023-08-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3221 of 2023 25.08.2023 SL. 3 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 181 of 2023 dated 05.04.2023 under Sections 448/325/326/307/34 IPC.

And In the matter of: Lalon Sk. & Ors.

....petitioners.

Ms. Minoti Gomes.

Md. G. N. Imrohi ...for the petitioners.

Mr. Joydeep Roy Mr. Amanul Islam ... for the State.

1. Heard learned Counsel for the parties.

2. The petitioners are the members of the family of the in-laws of the husband. It is submitted at the Bar that there was fight between husband and wife and thereafter, members of the family of both husband and wife joined the fight. In course of such fight, injury has been caused to members of both the parties. So far as the victims of the present case are concerned, they are the father and uncle of the wife. One of them has sustained fracture of left ulna and right distal ulner fracture another has sustained cut injury on his head but no bony injury is found from the record.

3. Charge-sheet in the case is submitted.

4. 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 completion of investigation, it is directed that each of the petitioner shall

surrender before the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad in G.R. Case arising out of the aforesaid P.S. case within 15 days from today. On their appearance and application for bail each of the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that each of the petitioner shall appear before the learned Trial Court on each date of substantive hearing subject to provision of Section 317 Cr.P.C.

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

6. The application being CRM (A) 3221 of 2023 is disposed of.

7. Learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad is hereby directed to act upon the server copy of this order, if required.

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