Calcutta High CourtCRM (A)/3617/2023allowed

Dolon Chakraborty 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 29) Ct. No.29 Allowed (SKB) CRM (A) 3617 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with G.R. Case No.806 of 2018 arising out of Daspur P.S. Case No.324 of 2018 dated 12.10.2018 under Sections 363/325/326/307/379/468/506/34 of the Indian Penal Code.

In the matter of : Smt. Dolon Chakraborty and others ... petitioners Mr. Tanmoy Chowdhury, Ms. Ritoprita Ghosh ... for the petitioners Mr. Sudip Ghosh, Mr. Bitasok Banerjee ... for the State Ms. Rupsa Sreemani ... for the defacto complainant

1. Heard the learned Counsel for the parties.

2. In the assault by the present petitioners, the victim is stated to have suffered fracture of right leg (tibular) which is not a vital part of the body.

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 G.R. Case No.806 of 2018 arising out of 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 condition:

i) The petitioners are directed to appear before the IO once in a fortnight 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 application being CRM(A) 3617 of 2023 is disposed of.

The Arresting Officer is hereby directed to act upon the server copy of this order.

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