Calcutta High CourtCRM (A)/4155/2023allowed

Nishit Das @ Nishith Das @ Nisith Das v. State Of West Bengal

2023-10-12Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4155 of 2023 12.10.2023 ML. 64 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 312 of 2023 dated 21.07.2023 under Sections 341/325/326/307/34 IPC (corresponding to G.R. Case No. 2395 of 2023).

And In the matter of: Nishit Das @ Nishith Das @ Nisith Das ....petitioner.

Md. Mokaram Hossain Mr. Sandipan Maity ...for the petitioner.

Ms. Faria Hossain Mr. Anand Keshari ...for the State.

1. Heard learned Counsel for the parties.

2. The incident as involved in this case occurred when the informant went to her maternal uncle's home where her husband has been allegedly assaulted by the present petitioner and other accused persons.

3. From the injury report of the victim as collected by the I.O. in course of investigation, we find four cut injuries over the person of the victim but those are found to be superficial in nature.

4. Regard being had to the facts and submission, 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 in the event of his 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 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 Final Form.

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. Within 21 days from today, petitioner is 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) 4155 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.)