Calcutta High CourtCRM (A)/3651/2023allowed

Sk Mojibar And ORS v. State Of West Bengal

2023-09-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3651 of 2023 13.09.2023 ML. 44 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Debra Police Station Case No. 330 of 2023 dated 09.07.2023 under Sections 341/323/326/307/506/34 of the IPC.

And In the matter of: Sk. Mojibar & Ors.

....petitioners.

Mr. Siddhartha Sarkar Mr. Hirak Roy ...for the petitioners.

Mr. S. S. Imam Mr. S. Kundu ...for the State.

1. Heard learned Advocate for the petitioner and learned Advocate for the State.

2. The incident is alleged to have occurred during the last Panchayat Election when a fight accrued between two rival political parties. From the materials as placed before us it reveals that out of four injured persons, the injuries of three persons are basically simple in nature. So far as the injury of one Kanchan Murmu is concerned it reveals that he has suffered fracture at his medial humorous 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 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 F.F.

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

5. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

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

7. The application being CRM (A) 3651 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)