Calcutta High CourtCRM (A)/3774/2023allowed

Subhas @ Subhash Kola v. State Of West Bengal

2023-09-19Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3774 of 2023 19.09.2023 ML. 167 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 563 dated 28.05.2023 under Sections 498A/323/325/326/307/506 IPC (corresponding to G.R. Case No. 1756 of 2023).

And In the matter of: Subhas @ Subhash Kola ....petitioner.

Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Srinjan Ghosh Mr. Subhrajit Dey Ms. Monami Mukherjee ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Ms. Faria Hossain Mr. Anand Keshri ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioner is the husband of the informant/housewife.

3. From the injury report of the victim, it appears that injuries are not at all serious in nature.

4. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation, nature of offence, nature of injury as discussed supra, the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society 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 including the condition that:

i) The petitioner is directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of Final Form.

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) 3774 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.)