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Calcutta High CourtCRM (A)/3341/2023allowed

Hasan Sk v. State Of West Bengal

2023-08-28Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen4 pages

C.R.M. (A) 3341 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Lalgola P.S. Case No. 475 of 2022 dated 11.12.2022 under Sections 448/325/326/307/34 of the IPC pending before the learned ACJM, Lalgola, Murshidabad.

And In the matter of: Hasan Sk.

....petitioner.

Mr. Debapriya Samanta ...for the petitioner.

Mr. S. S. Imam Mr. S. Kundu ...for the State.

1. Heard learned Counsel for both the parties. 28.08.2023 SL. ML-520 Court No. 29 A.B.

(Allowed)

2. Charge-sheet has been filed.

3. It is submitted that in dispute between the two brothers, the victim is alleged to have suffered facture injury on his left knee and lateral malleous and some cut injuries.

4. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of injury as discussed supra and completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Lalgola, Murshidabad within 15 days from today in the G.R. case arising out of aforesaid P.S. case. On his appearance and application for bail 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:

i) The petitioner is directed to appear before

the learned Trial Court on each date of substantive hearing subject to provision of Section 317 of the Cr.P.C.

5. The learned Additional Chief Judicial Magistrate is directed to act upon the server copy of this order, if required.

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

7. The application being C.R.M. (A) 3341 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)