Calcutta High CourtCRM (A)/3721/2023allowed

Hannan @ Hannan Alil And ORS v. State Of West Bengal

2023-09-18Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3721 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 704 of 2023 dated 15.07.2023 under Sections 341/326/307/34 of the Indian Penal Code (corresponding G.R. 2208 of 2023). And In the matter of: Hannan @ Hannan Ali & Ors.

....petitioners.

18.09.2023 ML. 114 & 118 Court No. 29 NKB Mr. Mrityunjoy Chatterjee Mr. Imdadul Hoque Mr. Debapriya Majumder ...for the petitioners.

Mr. S.S. Imam Mr. Sk. Arif Hossain ...for the State.

with C.R.M. (A) 3725 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 704 of 2023 dated 15.07.2023 under Sections 341/326/307/34 of the Indian Penal Code (corresponding G.R. 2208 of 2023). And In the matter of: Md. Nawaj Sharif @ Nawaj Sharif & Ors. ....petitioners.

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

Mr. Binay Panda Mr. Subham Bhakat ...for the State.

1. Heard learned Advocate for the parties.

2. As both the present two petitions arise out of self-same P.S. case, the instant two cases are taken up together for disposal.

3. The incident is alleged to have occurred during last panchayat election on account of rivalry between two political parties. From the injury report as available in the C.D., it reveals that the victim has suffered 3 centimeter traumatic cut injury over his head for which six stitches have been given to him.

4. 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 petitioners in both the bail applications 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 condition that :

i) Each of the petitioners 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.

5. Accordingly, the prayer for the anticipatory bail is allowed in both the applications.

6. The applications being CRM (A) 3720 of 2023 and CRM (A) 3725 of 2023 are disposed of.

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