Sagar Paul @ Sagar Pal v. State Of West Bengal

5.12.2023 M/L 13 Ct. No.29 (Allowed) (SKB) CRM (A) 3927 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kalyani P. S. Case No.551 of 2022 dated 23.09.2022 under Sections 448/323/325/313/506/34 of the Indian Penal Code.

In the matter of : Sagar Paul @ Sagar Pal ... Petitioner Ms. Minoti Gomes ... for the petitioner Mr. Abhra Mukherjee, Mr. Goutam Banerjee ... for the State

1. Heard learned counsel for the parties.

2. Admittedly, the case arises out of a tussle between two informants. On perusal of the entire materials as placed before us, we do not find any material to attract Section 313 IPC.

3. Investigation is stated to have progressed substantially.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation 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 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 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) 3927 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.)