Calcutta High CourtCRM (A)/4108/2023allowed

Badrul Hoque @ Sk And ORS v. State Of West Bengal

2023-10-11Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4108 of 2023 11.10.2023 ML. 19 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwangola Police Station Case No. 297 of 2023 dated 04.07.2023 under Sections 341/323/325/307/34 IPC.

And In the matter of: Badrul Hoque @ Sk. & Ors.

....petitioners.

Mr. Tapodip Gupta Mr. Suman Bhanja ...for the petitioners.

Mr. Debabrata Chatterjee, Ld. APP Mr. Santanu Chatterjee ...for the State.

Mr. Debapriya Samanta ... for the defacto complainant.

1. Heard learned Counsel for the parties.

2. The allegation as against the present accused petitioners centres around an unrest during last panchayat election in which two persons have been stated to have suffered injuries on their respective persons.

3. On perusal of the injury report of the two victims, we find that they suffered cut injury over their scalp and forehead without involving any bone and/or hospitalization for more than 20 days.

4. Regard being had to the facts and submission, 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 in the event of their arrest by the Arresting Officer 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 Final Form.

ii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.

5. Within 21 days from today, petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

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

7. The application being CRM (A) 4108 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)