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Calcutta High CourtCRM (A)/3762/2023allowed

Md Aminur Islam And ORS v. State Of West Bengal

2023-09-19Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

19.09.2023 M/L 155 Ct. No.29 (Allowed) (SKB) CRM (A) 3762 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Manikchak P. S. Case No.514 of 2023 dated 09.07.2023 under Sections 325/326/354/448/506/ 34 of the Indian Penal Code (G.R. Case No.4370 of 2023). In the matter of : Md. Aminur Islam and others ... Petitioners Md. Wasim Akram ... for the petitioners Mr. S. S. Imam, Mr. R. Jana ... for the State

1. Heard learned advocates for the parties.

2. The present case is the out come of rivalry of two political parties. It is fairly submitted at the Bar that the injury suffered by the victim is simple in nature.

3. 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 petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the G.R. Case No.4370 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 petitioners are 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 petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The applications being CRM(A) 3762 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.)