Calcutta High CourtCRM (A)/4016/2023allowed

Abu Sk @ Tofel Sekh And ORS v. State Of West Bengal

2023-10-04Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

04.10.2023 D/L 22 Ct. No.29 (Allowed) (SKB) CRM (A) 4016 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Paikar P. S. Case No.143 of 2023 dated 23.05.2023 under Sections 448/323/325/308/506/34 of the Indian Penal Code (G.R. Case No.719 of 2023). In the matter of : Abu Sk. @ Tofel Sekh and others ... Petitioners Mr. Kallol Mondal, Mr. Moniruzzaman ... for the petitioners Md. Anwar Hossain, Ms. Ratna Ghosh ... for the State

1. Heard learned advocates for the parties.

2. The occurrence is alleged to have happened over land dispute amongst cousins. Three persons are stated to have received injuries. The injury report in respect of the victims shows that the injuries sustained by them are simple in nature.

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 G.R. Case No.719 of 2023 arising out of aforesaid P.S. case on

such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions:

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

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

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) 4016 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.)