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Calcutta High CourtCRM (A)/4047/2023allowed

Samir Ghoroi @ Samir Ghorai v. State Of West Bengal

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

C.R.M. (A) 4047 of 2023 04.10.2023 SL. 51 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 Kharagpur Local Police Station Case No. 502 dated 10.06.2023 under Sections 498A/323/307/354A/34 of the IPC. And In the matter of: Samir Ghoroi @ Samir Ghorai ....petitioner.

Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Srinjan Ghosh Mr. Subhrajit Dey Ms. Monami Mukherjee ...for the petitioner.

Mr. S. G. Mukherji, PP Mr. Aniket Mitra Ms. Jonaki Saha ...for the State.

1. Heard learned Counsel for both the parties.

2. The petitioner is the husband of the informant though there is allegation to the effect that the petitioner and other coaccused persons tried to kill the informant by setting her ablaze after pouring kerosene. There is no material worth the credence to support such allegation.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of offence, the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society 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 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. The concerned Arresting Officer is hereby directed to act upon

the server copy of this order.

5. Within 21 days from today 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. 8.

The application being CRM (A) 4047 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)