Calcutta High CourtCRM (A)/4038/2023allowed

Sk. Najir Hossain And ORS. v. State Of West Bengal

2023-10-04Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4038 of 2023 04.10.2023 SL. 43 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 Tamluk Police Station Case No. 847 of 2023 dated 27.07.2023 under Sections 341/323/325/379/34 of the IPC and adding Section 307 of the IPC.

And In the matter of: Sk. Najir Hossain & Ors.

....petitioners.

Mr. Suman De ...for the petitioners.

Mr. Binay Panda Mr. Subham Bhakat ...for the State.

1. Heard learned Counsel for both the parties.

2. The incident as involved in this case is alleged to have occurred on account of a village rivalry. From the injury report of the victim it reveals that the two victims of the alleged incident have suffered some cut injuries over the head without involving bone and such injuries 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 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 that: i) The petitioners are directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

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

5. 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.

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

The application being CRM (A) 4038 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)