Calcutta High CourtCRM (A)/3925/2023allowed

Rabban Ali And ORS. v. State Of West Bengal

2023-09-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3925 of 2023 25.09.2023 SL. 26 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 Tapan Police Station Case No. 245 of 2023 dated 24.04.2023 under Sections 447/323/325/307/354/379/34 of the IPC. And In the matter of: Rabban Ali & Ors.

....petitioners.

Mr. Kaushik Choudhury Mr. Gourhari Das ...for the petitioners.

Mr. Prasun Kr. Datta, APP Mr. Nirupam Dhali ...for the State.

1. Heard learned Counsel for both the parties.

2. The present transaction is stated to have arisen out of a property dispute. There is stated to be case and counter case between the parties. Three victims are stated to have suffered injuries by the overt act of the petitioners.

3. From the materials on record, we found an injury report in respect of one Parul Khatun Bibi who has suffered fracture of lower end of radius. However, in respect of other two alleged victims, we find no medical reports.

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 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 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 that: i) The petitioners are 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.

5. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

6. Within 21 days from today each of 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.

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

8. The application being CRM (A) 3925 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)