Calcutta High CourtCRM (A)/3693/2023allowed

Dharam Sharma @ Dharam Kr Sharm v. State Of West Bengal

2023-09-18Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

18.09.2023 M/L 86 Ct. No.29 (Allowed) (SKB) CRM (A) 3693 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Serampore P. S. Case No.318 of 2023 dated 20.07.2023 under Sections 406/354B/506 of the Indian Penal Code (G.R. Case No.1689 of 2023). In the matter of : Dharam Sharma @ Dharam Kumar Sharma ... Petitioner Mr. Sovan Bera, Ms. Puja Beriwal ... for the petitioner Ms. Anasuya Sinha, Ms. Mayukhi Mitra ... for the State

1. Heard learned counsel for the parties.

2. Considered the materials placed before us including the statement of the victim recorded under Section 164 Cr.P.C., it is alleged that there are disputes between the informant and the present petitioner over payment of some money to her (informant). In course of altercation between them, the petitioner is alleged to have pulled the hands of the victim and in that process, her wearing apparels is alleged to have been torn.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation 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 G.R. Case No.1689 of 2023 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 petitioner is 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.

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) 3693 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.)