Selim Sk v. State Of West Bengal

C.R.M. (A) 3852 of 2023 06.10.2023 SL. 13 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 Tehatta P.S. Case No. 859 of 2022 dated 01.10.2022 under Sections 498A/302/34 IPC corresponding to S.L. No. 2119 of 2022 pending before the learned ACJM, Tehatta, Nadia. And In the matter of: Selim Sk ....petitioner.

Mr. Ashok Das Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioner.

Mr. S. G. Mukherji, PP Mr. Aniket Mitra Ms. Jonaki Saha ...for the State.

1. Heard learned Counsel for both the parties.

2. In the present case of murder, it is fairly submitted at the Bar that only circumstance on record is to the effect that the witnesses who are son and neighbours of the deceased saw the present petitioner and another fleeing away from the spot and coming to the spot they found the deceased with cut injury on her neck. Except the aforesaid circumstance there is no other evidence collected in the case.

3. Charge-sheet has already been filed.

4. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and completion of investigation, it is directed that the petitioner shall surrender before the learned Additional Chief Judicial Magistrate, Tehatta, Nadia within 15 days from today in the S.L. No. 2119 of 2022 arising out of aforesaid P.S. case.

5. On his appearance and application for bail the petitioner shall be

released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

6. The learned ACJM, Tehatta, Nadia is directed to act upon the server copy of this order, if required.

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

8. The application being CRM (A) 3852 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)