Sanat Kr Dey And ANR v. State Of West Bengal

C.R.M. (A) 3737 of 2023 18.09.2023 ML. 130 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Arsha Police Station Case No. 102 of 2023 dated 16.07.2023 under Sections 341/323/307/380/34 IPC (corresponding to G.R. Case No. 1286 of 2023).

And In the matter of: Sanat Kumar Dey & Anr.

....petitioners.

Mr. Rameshwar Sinha Mr. Sanjukta Mukherjee Mr. Srinjoy Das ...for the petitioners.

Ms. Faria Hossain Ms. Baisali Basu ...for the State.

1. Heard learned Counsel for the parties.

2. The incident occurred on account of theft of Rs. 46,000/- which belongs to the informant and when the informant asked about the said money from the present petitioners, they are alleged to have beaten him and tried to murder him by pressing his neck.

3. It is beneficial to mention here that the informant is the elder brother of petitioner no. 1 and petitioner no. 2 is the wife of petitioner no. 1.

4. From the materials available in the C.D., it reveals that it is the version of BMOH, Sirkabad that no medical treatment record in the name of the informant has been found.

5. Regard being had to the facts and submission, 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 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.

6. 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.

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

8. The application being CRM (A) 3737 of 2023 is disposed of.

9. 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.)