Ismail Mia @ Ismail Miah v. State Of West Bengal

18.09.2023 M/L 83 Ct. No.29 (Allowed) (SKB) CRM (A) 3690 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Banshihari P. S. Case No.181 of 2023 dated 20.07.2023 under Sections 341/323/325/307/34 of the Indian Penal Code (G.R. Case No.772 of 2023). In the matter of : Ismail Mia @ Ismail Miah ... Petitioner Mr. Mazahar Hosain Chowdhury ... for the petitioner Mr. S. S. Imam, Mr. S. Kundu ... for the State

1. Heard learned advocates for the parties.

2. Perused the injury reports of the victims, which are simple in nature.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, 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 G.R. Case No.772 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) 3690 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.)