Calcutta High CourtCRM (A)/3545/2023allowed

Senaul Hoque @ Senaul Sk And ORS v. State Of West Bengal

2023-08-31Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth3 pages

C.R.M. (A) 3545 of 2023 31.08.2023 SL. 20 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Malda Police Station Case No. 362 of 2023 dated 09.07.2023 under Sections 341/506/325/308/354B/379/34 IPC (corresponding to G.R. Case No. 4552 of 2023).

And In the matter of: Senaul Hoque @ Senaul Sk & Ors. ....petitioners.

Md. Sarkar Jahan Mr. Maidul Islam Kayal Mr. Sumit Naskar ...for the petitioners.

Mr. Binay Panda Mr. Subham Bhakat ...for the State.

1. Heard learned Counsel for the parties.

2. It is fairly submitted at the Bar that in pre-panchayat election group rivalry between two political groups, the petitioners are alleged to have assaulted the victims by kick and fist blows resulting in no external injury or internal injury as found from the C.D.

3. Regard being had to the facts and submission, 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 in the event of their 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 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 Final Form;

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 petitioners are directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

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

6. The application being CRM (A) 3545 of 2023 is disposed of.

7. 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.)