Nur Alam v. State Of West Bengal

5.12.2023 M/L 11 Ct. No.29 (Allowed) (SKB) CRM (A) 3909 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chanchal P. S. Case No.296f 2023 dated 14.03.2023 under Sections 341/326/307/379/34 of the Indian Penal Code (G.R. Case No.662 of 2023). In the matter of : Nur Alam ... Petitioner Ms. Priya Ghosal ... for the petitioner Mr. Tanmoy Kr. Ghosh, Mr. Arindam Sen ... for the State

1. Heard learned counsel for the parties.

2. Perused the injury reports of the victim, which, prima facie, does not attract Section 307 IPC.

3. Investigation has been progressed substantially.

4. 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 G.R. Case No.662 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 including the condition:

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

ii) The petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

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

6. 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.

7. The application being CRM(A) 3909 of 2023 is disposed of.

8. 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.)