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Calcutta High CourtCRM (A)/4149/2023allowed

Gurupada Jana And ORS. v. State Of West Bengal

2023-12-05Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

05.12.2023 (A. 23) C.R.M. (A) 4149 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Patashpur Police Station Case No. 324 of 2023 dated 14.07.2023 under Sections 307/323/325/341/506/34 of the IPC corresponding to G.R.(E) Case No. 855 of 2023. Court No. 29 S. Banerjee (Allowed) And In the matter of: Gurupada Jana & Ors.

....petitioners Mr. Shibaji Kumar Das ...for the petitioners Mr. Rudradipta Nandy Mr. Iqbal Kabir ...for the State

1. Heard learned Counsel for both the parties.

2. On perusal of the entire materials it appears to us that the injuries of the victim are not on the vital parts of their bodies and those are prima facie simple in nature. Investigation has progressed substantially.

3.

Regard being had to the facts and submissions, factual of permanent residence of the petitioners, nature of allegation, nature of evidence, nature of injury as discussed supra and substantial progress in investigation, it is directed that the petitioners 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 condition 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.

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. alongwith 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) 4149 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)