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Calcutta High CourtCRM (A)/3609/2023allowed

Bimal Ray And ORS v. State Of West Bengal

2023-09-01Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

01.09.2023 (D/L 21) Ct. No.29 Allowed (SKB) CRM (A) 3609 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Garhbeta P.S. Case No.164 of 2020 dated 04.05.2020 under Sections 447/323/325/354/307/506/ 34 of the IPC.

In the matter of : Bimal Ray and others ... Petitioners Mr. Pravas Bhattacharyya ... for the petitioners Mr. Saibal Bapuli, ld. APP Mr. Arijit Ganguly, Mr. Sanjib Kr. Dan ... for the State

1. Heard learned Counsel for the parties.

2. From the injury report placed before us, it is found that the injuries sustained by the victims are simple in nature but one of the victim i.e. husband of the informant suffered hospitalisation for about 15 days. There is allegation regarding outraging of modesty of the informant but the same is at the fringe.

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 completion of investigation, it is directed that each of the petitioner shall surrender before the learned ACJM, Garhbeta, Paschim Medinipur in the aforesaid P.S. case within 15 days from today. On their surrender and

application for bail, they shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

5. The application being CRM(A) 3609 of 2023 is disposed of.

6. The learned court below is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)