Calcutta High CourtCRM (A)/4183/2023allowed

Naba Kumar Mandal And ORS v. State Of West Bengal

2023-10-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

13.10.2023 D/L 25 Ct. No.25 (Allowed) (SKB) CRM (A) 4183 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Raninagar P. S. Case No.94 of 2023 dated 20.02.2023 under Sections 341/325/307/34 of the Indian Penal Code (G.R. No.500 of 2023).

In the matter of : Naba Kumar Mandal and others ... Petitioners Mr. Anisur Rahman ... for the petitioners Mr. Anwar Hossain, Mr. Arif Ekbal Molla ... for the State

1. Heard learned counsel for the parties.

2. Admittedly, the instant case arises out of a free fight between the parties over which case and counter case have been filed. From the injury report of the victim, it reveals that the victim of the alleged incident suffered cut injury on his head without involving bone.

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 G.R. No.500 of 2023 arising out of 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:

i) The petitioners are directed to appear before the IO once in a fortnight on the day and time fixed by the IO 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. Accordingly, the prayer for the anticipatory bail is allowed.

5. Within 21 days from today petitioners are directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The applications being CRM(A) 4183 of 2023 is disposed of.

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

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)