Calcutta High CourtCRM (A)/4162/2023allowed

Samar Biswas And ANR. v. State Of West Bengal

2023-10-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4162 of 2023 13.10.2023 SL. 6 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 Kotwali Police Station Case No. 575 of 2023 dated 19.06.2023 under Sections 341/325/326/307/34 of the IPC.

And In the matter of: Samar Biswas & Anr.

....petitioners.

Mr. Sumanta Das ...for the petitioners.

Mr. Shiladitya Banerjee ...for the State.

1. Heard learned Counsel for both the parties.

2. The petitioners claim parity with Gouranga Dey and another who are enlarged on anticipatory bail vide order dated 25.08.2023 passed in CRM (A) 3302 of 2023.

3. Learned Counsel for the State submits that though the petitioners stand on the same footing with the co-accused persons already enlarged on anticipatory bail, the distinguishing feature is that 12 records of past criminal antecedent each are there against both the petitioners.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of injury as discussed (Supra), ground of parity 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.

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

6. Within 21 days from today each of 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.

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

8. The application being CRM (A) 4162 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)