Sherful Islam And ORS. v. State Of West Bengal

21.09.2023 M/L 230 Ct. No.29 (Allowed) (SKB) CRM (A) 3838 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Hariharpara P. S. Case No.99 of 2023 dated 10.03.2023 under Sections 341/325/307/34 of the Indian Penal Code (G.R. Case No.1001 of 2023). In the matter of : Sherful Islam and others ... Petitioners Mr. Raju Mondal ... for the petitioners Mr. Prasun Kumar Datta, ld. APP Mr. Nirupam Dhali ... for the State

1. Heard learned counsel for the parties.

2. It is fairly submitted at the Bar that the victim has sustained two fractures on his two legs which are not vital parts of the body and all the co-accused persons are stated to have been released on anticipatory bail in the meantime.

3. Charge-sheet is stated to have been filed.

4. 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 completion of investigation, it is directed that each of the petitioner shall surrender before the learned CJM, Berhampur, Murshidabad, in G.R. Case No.1001 of 2023 arising out of the aforesaid P.S. case within 15 days from

today. On their surrender and application for bail, they shall be released on bail by the aforesaid Court on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

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

6. The application being CRM(A) 3838 of 2023 is disposed of.

7. The learned court below is hereby directed to act upon the server copy or certified copy of this order. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)