Calcutta High CourtCRM (A)/4119/2023allowed

Md Abu Tahir @ Abu Tahir And ORS v. State Of West Bengal

2023-12-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4119 of 2023 13.12.2023 SL. 12 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 Harishchandrapur Police Station Case No. 1031 of 2022 dated 09.11.2022 under Sections 341/324/325/308/34 of the IPC corresponding to G.R. case No. 3144 of 2022.

And In the matter of: Md. Abu Tahir @ Abu Tahir & Ors. ....petitioners.

Md. Wasim Akram ...for the petitioners.

Mr. Binay Panda Mr. subham Bhakat ...for the State.

1. Heard learned Counsel for both the parties.

2. Considered the materials placed by them including the injury reports in respect of three victims. From the injury report it is found that none of the injuries are serious in nature though one of the victim has suffered a cut injury on his head.

3. Regard being had to such facts and submissions, 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 by the Arresting Officer in the event of their 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 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 F.F.

ii) The petitioners 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 each of 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) 4119 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)