Chandi Ray v. State Of West Bengal

19.09.2023 M/L 162 Ct. No.29 (Allowed) (SKB) CRM (A) 3769 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Tehatta P. S. Case No.634 of 2023 dated 10.08.2023 under Sections 326/307/34 of the Indian Penal Code.

In the matter of : Chandi Ray ... Petitioner Mr. Amanul Islam, Mr. Sourav Mukherjee ... for the petitioner Anowar Hossasin, Ms. Ratna Ghosh ... for the State

1. Heard learned advocates for the parties.

2. The incident is alleged to have been occurred on account of a dispute over landed property between the father and son where the present petitioner being the father-in-law of the principal accused (son) took the side of his son-inlaw.

3. From the injury report, it reveals that though the victim suffered head injury for which five stitches have been given but those are, prima facie, appear to be not grievous in nature.

4. 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 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.

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

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. The applications being CRM(A) 3769 of 2023 is disposed of.

8. 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.)