Krishnendu Bhunia@Khokan And ORS v. State Of West Bengal

13.01.2021 Court No.28 rpan / 109 C.R.M. 89 of 2021 (Via Video Conference) In Re : Krishnendu Bhunia @ Khokan & Others

...Petitioners.

Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick ....for the petitioners.

Ms. Baisali Basu ....for the State.

The application has not been pressed on behalf of petitioner no.2, viz. Nemai Bhunia, since he has already been arrested.

Apprehending arrest in connection with Daspur P. S. Case No. 427 of 2020 dated 27.10.2020 under Sections 341/323/325/307/506/34 of the Indian Penal Code, the petitioners have filed the present application. Mr. Karmakar, learned advocate appearing for the petitioners submits that the petitioner nos.1 and 3 have been falsely implicated in the criminal proceedings and there are no incriminating materials against them.

Learned advocate appearing for the State opposes such prayer for anticipatory bail placing reliance upon the case diary documents.

Having heard the learned advocates and upon considering the materials in the case diary, particularly, the injury report, we are not inclined to grant anticipatory bail in favour of the petitioner no1., namely, Krishnendu Bhunia @ Khokan. However, upon consideration of the materials, we do

not find that the custodial interrogation of the petitioner no.3 is necessary and her prayer for anticipatory bail is allowed. Accordingly, in the event of arrest the petitioner no.3, viz., Niyati Bhunia shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail, being CRM 89 of 2021, is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)