Shankar Kumar Mishra v. State Of West Bengal

29.08.2023 D/L 71 Ct. No.29 (Allowed) (SKB) CRM (A) 3448 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kalyani P. S. Case No.170 of 2023 dated 13.04.2023 under Sections 341/323/427/506/34 of the Indian Penal Code and Section 3(i)(r)(s) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989.

And In the matter of : Shankar Kumar Mishra ... Petitioner Mr. Atis Kumar Biswas, Mr. Amit Singh, Mrs. Jyoti Agarwal ... for the petitioner Mr. Shiladitya Banerjee ... for the State

1. Heard learned Counsel for the parties.

2. It is fairly submitted by leraned counsel for the State that from the statement of the informant and other eye witnesses, nothing is found to attract offence under Section 3 of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 so far as the petitioner is concerned.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his 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.

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

5. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The application being CRM(A) 3448 of 2023 is disposed of.

7. The concerned Arresting Officer is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)