Raju Hazra v. State Of West Bengal
C.R.M. (A) 3782 of 2023 19.09.2023 ML. 175 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Techno City Police Station Case No. 148 of 2023 dated 14.08.2023 under Sections 341/323/324/425/354/354B/307/504/506 of the IPC.
And In the matter of: Raju Hazra ....petitioner.
Mr. Nilanjan Adhikari ...for the petitioner.
Mr. Binay Panda Ms. Puspita Saha ...for the State.
Mr. Kallol Mondal Mr. Krishan Ray Mr. Souvik Das Mr. A. Banerjee ...for the de facto complainant.
1. Heard learned Counsel for both the parties.
2. It is contended that the incident as involved in this case is the outcome of a property dispute which has been opposed on behalf of the State as well as the informant.
3. On perusal of the injury reports of the two victims it appears that one victim has suffered abrasion followed by mild swelling over right side of his face and tenderness over nose due to fist and blows while the other victim being a lady suffered bleeding from nose pin area and bruises.
4. Since the injuries of the victim are simple in nature, we are inclined to take a lenient view in favour of the present petitioner.
5. 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 conditions that: i) The petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O.
for the purpose of investigation till submission of F.F.
ii) The petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.
6. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.
7. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.
8. Accordingly, the prayer for the anticipatory bail is allowed.
9. The application being CRM (A) 3782 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)