Pradip Rana And ORS v. State Of West Bengal

01.02.2022 Court No.32 rpan/18 C.R.M. (A) 81 of 2022 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In re: Pradip Rana & 6 Others - Petitioners Mr. Suman De ... for the Petitioners.

Mr. Prabhas Bhattacharjee Ms. Debjani Sahu ... for the State.

Apprehending arrest in connection with Tamluk Police Station Case No.577 of 2021 dated 15.07.2021 under Sections 341/323/325/354B/506/34 of the Indian Penal Code, 1860, the petitioners have filed the present application. Mr. De, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated in a dispute which occurred as regards construction of a road in front of the de facto complainant's house. The allegations are omnibus in nature and upon completion of investigation charge sheet has also been submitted and as such, the petitioners may be granted anticipatory bail on any stringent condition. Ms. Sahu, learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to the statements of the witnesses and the injury reports.

Heard the learned advocates appearing for the respective parties.

Having considered the materials on record, including the statements made by the witnesses, the injury reports and bearing

in mind the nature of allegations in the light of the submissions made on behalf of the parties and in view of the fact that investigation is complete, we are of the opinion that custodial interrogation of the petitioners may not be necessary. However, their movement needs to be restricted.

Accordingly, prayer for anticipatory bail of the petitioners is allowed and in the event of arrest the petitioners, namely, Pradip Rana, Susovan Adak, Bablu Patra, Debendranath Chakraborty, Yudhisthir Rana @ Judhisthir Rana, Mithun Chakraborty and Narayan Rauth shall be released on bail upon furnishing a bond of Rs.10,000/- each with two registered sureties of like amount each, 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 with a further direction that they shall not enter the jurisdiction of Tamluk Police Station until further orders and shall also intimate the address where they would be residing to the Officer-in-charge, Tamluk Police Station immediately.

It is further directed that the petitioners shall attend the learned court below on all the dates specified for hearing and shall not tamper with the evidence and/or intimidate the witnesses in any manner whatsoever.

In the event the petitioners fail to comply with the aforesaid directions, without any justifiable cause, the learned court below shall be at liberty to cancel their bail, in accordance with law, without further reference to this Court.

The application for anticipatory bail, being CRM (A) 81 of 2022 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)