Dharma Das Ghosh @ Dharmaraj Ghosh And ORS v. State Of West Bengal

03.10.2023 D/L 65 Ct. No.29 (Allowed) (SKB) CRM (A) 3998 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Tehatta P. S. Case No.622 of 2023 dated 08.08.2023 under Sections 341/326/307/34 of the Indian Penal Code in SL. No.1599 of 2023.

In the matter of : Dharma Das Ghosh @ Dharmaraj Ghosh and another ... Petitioners Mr. Asraf Mondal ... for the petitioners Mr. Arijit Ganguly, Mr. Sanjib Kr. Dan ... for the State

1. Heard learned advocates for the parties.

2. Though it is submitted that the incident as involved in the instant case arises out of previous grudge and enmity. We find from the CD that out of the alleged incident, the victim sustained a wrist joint injury, which is not a vital part of the body.

3. 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.

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

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. The applications being CRM(A) 3998 of 2023 is disposed of.

7. 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.)