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Calcutta High CourtCRM (A)/3395/2023allowed

Ashutosh Ghosh And ORS v. State Of West Bengal

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

C.R.M. (A) 3395 of 2023 29.08.2023 SL. 23 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 Harishchandrapur Police Station Case No. 535 of 2023 dated 06.06.2023 under Sections 341/323/326/307/34 of the IPC. And In the matter of: Ashutosh Ghosh & Ors.

....petitioners.

Ms. Minoti Gomes ...for the petitioners.

Mr. S. S. Imam Mr. Sk. Arif Hossain ...for the State.

1. Heard learned Counsel for both the parties.

2. In the alleged assault by the petitioners the victim is alleged to have suffered two cut injuries which are opined to be simple in nature in the bed headed ticket in respect of the victim.

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) 3395 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)