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Calcutta High CourtCRM (A)/3573/2023allowed

Tipu Sultan And ANR v. State Of West Bengal

2023-08-31Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3573 of 2023 31.08.2023 SL. 47 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 Harirampur P.S. Case No. 73 of 2023 dated 24.04.2023 under Sections 341/325/326/354/379/34 of the IPC corresponding to G.R. Case No. 401 of 2023 pending before the learned ACJM, Buniadpur, Gangarampur, Dakshin Dinajpur.

And In the matter of: Tipu Sultan & Anr.

....petitioners.

Ms. Jeenia Rudra ...for the petitioners.

Mr. Abhra Mukherjee Mr. Dipankar Mahata ...for the State.

1. Heard learned Counsel for both the parties.

2. It reveals that the alleged transaction took place on account of a property dispute wherein two persons have been injured. From the C.D. it reveals that the injuries suffered by the victims are simple in nature.

3. Regard being had to facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of injury as discussed (Supra) and completion of investigation, it is directed that each of the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Buniadpur, Gangarampur, Dakshin Dinajpur within 15 days from today in the G.R. case No 401 of 2023 arising out of aforesaid P.S. case. On their appearance and application for bail each of the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. The learned Additional Chief Judicial Magistrate, Buniadpur, Gangarampur, Dakshin Dinajpur is directed to act upon the server copy of this order, if required.

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

6. The application being CRM (A) 3573 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)