Calcutta High CourtCRM (A)/3381/2023allowed

Saiyab @ Saiyab Ali v. State Of West Bengal

2023-08-28Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3381 of 2023 28.08.2023 ML. 560 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 404 of 2023 dated 08.05.2023 under Sections 447/ 323/ 325/ 326/ 307/ 354B/ 379/ 506/ 34 IPC (corresponding to G. R. Case No. 1264 of 2023).

And In the matter of: Saiyab @ Saiyab Ali ....petitioner.

Ms. Minoti Gomes Mr. Asfak Ahammed ...for the petitioner.

Ms. Z. N. Khan Md. Kutubuddin ...for the State.

1. Heard learned Counsel for the parties.

2. The injury sustained by the victim is one cut injury on his scalp without involving bone and the same cannot be held to be grievous injury. There is nothing to suggest that the petitioner was also there in the hospital for treatment for more than 20 days.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation, nature of injury as discussed (supra) and substantial progress in investigation, it is directed that the petitioner shall be released on bail in the event of his 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 submission of Final Form;

ii) the petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

4. The petitioner is 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) 3381 of 2023 is disposed of.

7. 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.)