Calcutta High CourtCRM (A)/3558/2023allowed

Akhil Chandra Sarkar @ Akhil Mondal And ORS v. State Of West Bengal

2023-08-31Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

31.08.2023 D/L 32 Ct. No.29 (Allowed) (SKB) CRM (A) 3558 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Domkal P. S. Case No.424 of 2023 dated 26.06.2023 under Sections 341/326/307/34 of the Indian Penal Code and Sections 25/27 Arms Act and Sections 3/4 Explosive Substances Act, 1908.

In the matter of : Akhil Chandra Sarkar @ Akhil Mondal and others ... Petitioners Mr. Rajdeep Mazumder, Mr. Anisur Rahman ... for the petitioners Mr. Madhusudan Sur, ld APP Mr. Dipankar Pramanick ... for the State

1. Heard learned Counsel for the parties.

2. In a political fight between two rival groups before the Panchayat election, several persons have suffered simple injuries and one has suffered gunshot injury but not on vital part of the body. From the statements of the witnesses recorded under Section 161 Cr.P.C., it is found that Shantu Sk and Saddam Sk are the persons who had fired the gunshot.

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:

i) The petitioners are directed to appear before the IO once in a week on the day and time fixed by the IO 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. Accordingly, the prayer for the anticipatory bail is allowed.

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

6. The applications being CRM(A) 3558 of 2023 is disposed of.

7. The 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.)