Jakir Hossain @ Md. Jakir Hossain v. State Of West Bengal

18.09.2023 M/L 72 Ct. No.29 (Allowed) (SKB) CRM (A) 3679 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Mothabari P. S. Case No.248 of 2023 dated 19.07.2023 under Sections 448/323/325/326/307/379/ 34 of the Indian Penal Code.

In the matter of : Jakir Hossain @ Md. Jakir Hossain ... Petitioner Mr. Mrityunjoy Chatterjee ... for the petitioner Mar. S. S. Imam, Mr. R. Jana ... for the State

1. Heard learned advocates for the parties.

2. The incident is alleged to have occurred during the last Panchayat Election. We have perused the injury report of the victim. It reveals that the victim has suffered cut injury on his left forearm and the measurement of the injury is 6x1x1.5 cm. which, according to us, neither involves any bone nor any vital parts of the body.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of offence, nature of injury as discussed supra and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his 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 condition:

i) The petitioner is directed to appear before the IO once in fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

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

5. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The applications being CRM(A) 3679 of 2023 is disposed of.

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

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