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Calcutta High CourtCRM (A)/3988/2023allowed

Kalpana Bal And ORS. v. State Of West Bengal

2023-10-03Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3988 of 2023 03.10.2023 SL. 55 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakasipara Police Station Case No. 652 of 2023 dated 08.08.2023 under Sections 447/323/325/326/34 IPC.

And In the matter of: Kalpana Bal & Ors.

....petitioners.

Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioners.

Mr. P. K. Datta, Ld. APP Mr. Santanu Deb Roy ...for the State.

1. Heard learned Counsel for the parties.

2. The incident as involved in the instant case is the outcome of a property dispute.

3. It is fairly submitted at the Bar that the injuries sustained the victim are simple in nature.

4. Regard being had to the facts and submission, 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 in the event of their arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Within 21 days from today, petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

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

7. The application being CRM (A) 3988 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)