Calcutta High CourtCRM (A)/3597/2023allowed

Nazrul Islam @ Najurl Islam And ORS v. State Of West Bengal

2023-09-01Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3597 of 2023 01.09.2023 SL. 9 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hemtabad Police Station Case No. 312 of 2022 dated 21.11.2022 under Sections 341/323/325/326/307/379/34 IPC.

And In the matter of: Nazrul Islam @ Najrul Islam & Ors. ....petitioners.

Mr. Gourhari Das ...for the petitioners.

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

1. Heard learned Counsel for the parties.

2. In the fight between two groups, persons of both the sides are alleged to have suffered injuries. Out of three victims in the present case, one Ayub Ali is opined to have suffered fracture of metacarpal joint of his right hand and other two are opined to have suffered simple injuries. There is stated to be case and counter case between the parties.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation 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 week 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) 3597 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.)