Md Ruhul Amin v. State Of West Bengal

C.R.M. (A) 4102 of 2023 11.10.2023 ML. 13 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 Islampur Police Station Case No. 251 of 2023 dated 03.07.2023 under Sections 188/332/353/307/354/34 of the IPC.

And In the matter of: Md. Ruhul Amin ....petitioner.

Mr. Golam Nure Imrohi ...for the petitioner.

Mr. Rudradipta Nandy, APP Mr. Iqbal Kabir ...for the State.

1.

Heard learned Counsel for both the parties.

2.

The petitioner along with other co-accused persons in a group are alleged to have assaulted some 'Asha Karmi' when they had come to perform their duty in the spot village. It is submitted at the Bar that there was previous grudge and enmity between one of the 'Asha Karmi' and the villagers. In the transaction four victims have suffered simple injury and one victim has suffered injury on his head which is opined to be grievous but there is noting on record to show that the injury on the head involved bone and the victim was hospitalized for more than 20 days.

3.

Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of injury as discussed (Supra) 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 including the conditions that:

(i) The petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

(ii) The petitioner 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 the petitioner shall appear before the I.O. along with 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) 4102 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)