Calcutta High CourtCRM (A)/3596/2023allowed

Subhasish Mondal v. State Of West Bengal

2023-09-12Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3596 of 2023 12.09.2023 ML. 10 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ashokenagar Police Station Case No. 168 of 2021 dated 01.03.2021 under Sections 324/325/326/326A/328/307/341/120B/506 IPC. And In the matter of: Subhasish Mondal ....petitioner.

Mr. Sobhendu Sekhar Roy Mr. Amarendra Chakraborty ...for the petitioner.

Mr. Partha Pratim Das Ms. Manasi Roy ... for the State.

1. Heard learned Counsel for the petitioner and learned Counsel for the State at length.

2. Charge-sheet has been filed in the meantime.

3. From the injury report of the victim, it reveals that during medical examination, the treating doctor only found some bruises over abdomen of the said victim along with some swelling over scalp. It also reveals from the medical papers that though the patient/victim stated before the doctor that he was subjected to acid attack but those acid fell over his clothing.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and completion of investigation, it is directed that petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Barasat, North 24 Parganas in G.R. Case No. 531 of 2021 arising out of the aforesaid P.S. case within 15 days

from today. On his appearance and application for bail petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that petitioner shall appear before the learned Trial Court on each date of substantive hearing subject to provision of Section 317 Cr.P.C.

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

6. The application being CRM (A) 3596 of 2023 is disposed of.

7. Learned Additional Chief Judicial Magistrate, Barasat, North 24 Parganas is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)