Kanchan Sarkar And ORS. v. State Of West Bengal

C.R.M. (A) 4050 of 2023 04.10.2023 SL. 54 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 Santipur P.S. Case No. 762 of 2023 dated 18.07.2023 under Sections 341/325/326/307/384/34 IPC corresponding to G.R. Case No. 2829 of 2023 pending before the learned ACJM, Ranaghat, Nadia.

And In the matter of: Kanchan Sarkar & Ors.

....petitioners.

Ms. Minoti Gomes Ms. Tanuja Banerjee Ms. Santa Sarkar ...for the petitioners.

Mr. S. S. Imam Mr. R. Jana ...for the State.

1. Heard learned Counsel for both the parties.

2. On account of previous enmity there is stated to be case and counter case between the parties. In the present case two persons are alleged to have suffered injury on their head. The injury report in respect of those persons are indicative of the fact that none of them has suffered any bony injury or internal injury on the head. The injury sustained by the victim, therefore, cannot be held to be grievous.

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

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 Additional Chief Judicial Magistrate, Ranaghat, Nadia within 15 days from today in the G.R. case No. 2829 of 2023 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 ACJM, Ranaghat, Nadia 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) 4050 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)