Calcutta High CourtCRM (A)/3732/2023allowed

Safikul Sekh @ Sofikul Sk v. State Of West Bengal

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

C.R.M. (A) 3732 of 2023 18.09.2023 ML. 125 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Labpur Police Station Case No. 08 of 2023 dated 18.01.2023 under Sections 341/326/307/506/120B/186/353/333 IPC read with Sections 25(1A)/27 of the Arms Act (corresponding to G.R. Case No. 45 of 2023).

And In the matter of: Safikul Sekh @ Sofikul Sk.

....petitioner.

Mr. Biswajit Hazra ...for the petitioner.

Mr. Swapan Banerjee Mr. Suman De ...for the State.

1. Heard learned Counsel for the parties.

2. The incident as involved in this case occurred when police personnel of Labpur P.S. went to the spot village to intercept some anti-socials and rowdy elements of village Darbarpur.

3. Though the name of the present petitioner transpires from the written complaint, but the specific role of the present petitioner cannot be ascertained from the statements of the witnesses as recorded so far. Admittedly, the victim of the incident suffered second degree of burn injury on his back over medial border of left scapula but in absence of specific role of the present petitioner in the alleged crime, we are inclined to take a lenient approach.

4. Regard being had to the facts and submission, 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 in the event of his arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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. Accordingly, the prayer for anticipatory bail is allowed.

7. The application being CRM (A) 3732 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

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