Plaban Biswas v. State Of West Bengal

C.R.M. (A) 4125 of 2023 12.10.2023 ML. 36 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 Gopalnagar Police Station Case No. 539 of 2023 dated 24.08.2023 under Sections 341/325/307/506/34 of the IPC. And In the matter of: Plaban Biswas ....petitioner.

Mr. Arkaprava Roy Mr. T. Biswas ...for the petitioner.

Mr. Tanmoy Kr. Ghosh Mr. Arindam Sen ...for the State.

1.

Heard learned Counsel for both the parties.

2.

The incident as narrated in the instant application arises out of a political rivalry where three persons have been injured. 3.

On perusal of the injury reports of the victim, we do not find any grievous injury on the persons of the victims and those injuries do not involve their bone and/or those injured persons have not been admitted in hospital for more than 20 days. 4.

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.

5.

The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

6.

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. 7.

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

The application being CRM (A) 4125 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)