Calcutta High CourtCRM (A)/3392/2023allowed

Kafirul Sk @ Kabirul Sk And ANR v. State Of West Bengal

2023-08-29Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3392 of 2023 29.08.2023 SL. 20 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 Saktipur Police Station Case No. 69 of 2023 dated 15.04.2023 under Sections 341/326/307/34 of the IPC.

And In the matter of: Kafirul Sk. @ Kabirul Sk & Anr. ....petitioners.

Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ...for the petitioners.

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

1. Heard learned Counsel for both the parties.

2. Over a property dispute there was fight between the brothers and the brother-in-law. One of the brother is the informant. The present petitioners are the brother-in-law and his son. The victim is alleged to have suffered deep cut injury on right hand by a sharp sickle. Though the injury is opined to be grievous in nature, we do not find and bony injury in the injury report.

3. 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 substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest 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 petitioners are directed to appear before the I.O. once in a fortnight on the day and time fixed

by the I.O. for the purpose of investigation till submission of F.F.

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

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

7. The application being CRM (A) 3392 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)