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Calcutta High CourtCRM (A)/4048/2023allowed

Chandan Mahato @ Chandan Mahata 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) 4048 of 2023 04.10.2023 SL. 52 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 P.S. Case No. 78/20 dated 28.01.2020 under Sections 341/323/325/307/506/386/34 IPC corresponding to G.R. Case No. 292 of 2020 pending before the learned CJM, Paschim Medinipur.

And In the matter of: Chandan Mahato @ Chandan Mahata & Ors. ....petitioners.

Mr. Prabir Kumar Mitra ...for the petitioners.

Ms. Faria Hossain Ms. Baisali Basu Ms. Mamata Jana ...for the State.

1. Heard learned Counsel for both the parties.

2. In the alleged incident as involved in this case the victim Soumen Jana suffered injury on his head and on CT Scan of his brain only sub-galeal haematoma is seen in right parietal region involving no bone or any intracranial abnormality.

3. Charge-sheet is stated to have been submitted.

4. Regard being had to facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of injury as discussed (Supra) and completion of investigation, it is directed that each of the petitioner shall surrender before the learned Chief Judicial Magistrate, Paschim Medinipur within 15 days from today in the G.R. case No. 292 of 2020 arising out of aforesaid P.S. case.

5. On their appearance and application for bail each of the petitioner shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

6. The learned CJM, Paschim Medinipur is directed to act upon the server copy of this order, if required.

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

8. The application being CRM (A) 4048 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)