Calcutta High CourtCRM (A)/3385/2023partly allowed

Pradip Talukdar And ANR v. State Of West Bengal

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

C.R.M. (A) 3385 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nabadwip Police Station Case No. 229 of 2023 dated 06.05.2023 under Sections 341/324/325/326/506/34 of the IPC.

And In the matter of: Pradip Talukdar & Anr.

....petitioners.

Mr. Ashok Das Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioners.

Mr. Saibal Bapuli Mr. Soumik Ganguli ...for the State.

1. Heard learned Counsel for the parties.

28.08.2023 ML. 564 Court No. 29 A.B.

(Partly Allowed)

2. Altogether three victims are there. It is found from the case papers that one Amrita Das suffered loss of left ear lobe (amputated) by the assault of petitioner No. 1 Pradip Talukdar. The assault was mounted by him with a 'dao'.

3. So far as the petitioner no. 2, Prosenjit Talukdar is concerned, the victims have sustained simple injuries as a result of assault by Prosenjit Talukdar by a wooden baton.

4. In view of such facts, we are not inclined to admit petitioner No. 1 Pradip Talukdar on anticipatory bail.

5. So far as petitioner No. 2, Prosenjit Talukdar is concerned, he is directed to appear before the I.O. within the time mentioned hereunder.

6. Regard being had to the facts and submission, factum of permanent residence of the petitioner No. 2, nature of allegation, nature of evidence and substantial progress in

investigation, it is directed that the petitioner nos. 2 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.

7. The petitioner No. 2 is directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

8. Accordingly, the prayer for the anticipatory bail in respect of petitioner no. 2 is allowed.

9. The application being CRM (A) 3385 of 2023 is disposed of.

10. 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.)