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Calcutta High CourtCRM (A)/3835/2023allowed

Ijajul Sk. @ Ijajul Sekh And ANR. v. State Of West Bengal

2023-09-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

21.09.2023 M/L 227 Ct. No.29 (Allowed) (SKB) CRM (A) 3835 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kalna P. S. Case No.849 dated 30.07.2023 under Sections 448/323/354/379/506/34 of the Indian Penal Code (G.R. Case No.1722 of 2023).

In the matter of : Ijajul Sk. @ Ijajul Sekh and another ... Petitioner Mr. Bibek Chatterjee, Ms. Paramita Sahu, Ms. Susmita Saha, Ms. Zeeshanuz Zaman ... for the petitioner Mr. Joydeep Roy, Mr. Amanul Islam ... for the State

1. Heard learned counsel for the parties.

2. There is stated to be case and counter case between the parties. Allegations as made out are found to be at the fringe in dispute between the neighbours.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation 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.1722 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.

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) 3835 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.)