Samsher Ali Sk v. State Of West Bengal

C.R.M. (A) 3355 of 2023 29.08.2023 SL. 18 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 Domkal P.S. Case No. 351 of 2023 dated 26.05.2023 under Sections 448/325/354/308/34 of the IPC pending before the learned ACJM, Domkal, Murshidabad.

And In the matter of: Samsher Ali sk.

....petitioner.

Ms. Minoti Gomes ...for the petitioner.

Mr. Tanmoy Kr. Ghosh Ms. Pritha Paul ...for the State.

1. Heard learned Counsel for both the parties.

2. The victim of the offence is opined to have suffered a small laceration on her scalp which is though opined to be grievous, does not involve any bony injury as found from the injury report.

3. 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, Domkal, 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 shall appear before the learned Trial Court on each date of substantive hearing subject to the provision of Section 317 Cr.P.C.

4. The learned ACJM is directed to act upon the server copy of this order, if required.

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

6. The application being CRM (A) 3355 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)