Calcutta High CourtCRM (A)/3508/2023allowed

Sudeb Mondal v. State Of West Bengal

2023-08-30Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3508 of 2023 30.08.2023 SL. 59 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 Domkal Police Station Case No. 424 of 2023 dated 26.06.2023 under Sections 341/326/307/34 of the IPC and Sections 3/4 of Explosive Substances Act and Sections 25/27 of Arms Act. And In the matter of: Sudeb Mondal ....petitioner.

Mr. Arnab Chatterjee Mr. Anisur Rahaman Ms. Dhanasree Biswas Ms. Poulami Bose ...for the petitioner.

Mr. Swapan Banerjee Ms. Purnima Ghosh ...for the State.

1. Heard learned Counsel for both the parties.

2. In a political fight before the Panchayat Election four victims are alleged to have suffered gunshot injuries. From the statement of the eyewitnesses recorded under Section 161 Cr.P.C. it is found that Sentu Sk and Saddam Sk had fired the shot indiscriminately and in the group others including the present petitioner being armed with different weapons were also there. The present petitioner has been implicated by aid of Section 34 IPC. Except gunshot injuries the victim have suffered no other injuries by any other weapons.

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 including the conditions that:

i) The petitioner is 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 petitioner 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 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) 3508 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)