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Calcutta High CourtCRM (A)/3624/2023allowed

Hemant Mishra And ANR v. State Of West Bengal

2023-09-21Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar3 pages

C.R.M. (A) 3624 of 2023 21.09.2023 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 Liluah Police Station Case No. 296 of 2023 dated 03.07.2023 under Sections 341/323/325/307/379/427/34 IPC.

And In the matter of: Hemant Mishra & Anr.

....petitioners.

Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumder ...for the petitioners.

Mr. Saibal Bapuli, Ld. APP Mr. Arijit Ganguli Mr. Arani Bhattacharyya ...for the State.

1. Heard learned Counsel for the parties.

2. From the injury report, it is found that the victim has suffered a lacerated injury on the occipital region of his head which does not involve bone though there was bleeding from the site. The victim is found to have been discharge after one day hospitalization. The occurrence is alleged to have happened in course of free fight between two groups.

3. Regard being had to the facts and submission, 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 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 of the case including the conditions that: i) The petitioners are directed to appear before the

I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of Final Form.

4. 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.

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

6. The application being CRM (A) 3624 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.)