Durga Pramanick v. State Of West Bengal

PJ SM 01.02.2022 Ct. No.29 (Allowed) C.R.M.(DB) 227 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Seerampore P.S. Case No. 21 of 2021 dated 14/01/2021 (G. R. Case No. 101 of 2021) now ST Case No. 30 of 2021 under Sections 376(2)(n)/328 of the Indian Penal Code.

And In the matter of: Durga Pramanick ....petitioner.

Mr. Amitabha Ghosh, ...for the petitioner.

Mr. Zareen N. Khan, Md. Kutubuddin, ...for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that petitioner is in custody for 190 days. The police filed charge-sheet. The petitioner was falsely implicated. The first Information Report was lodged 3 months after the alleged incident. The learned advocate appearing for the State draws the attention of the Court to the contents in the case dairy. Considering the period of detention of the petitioner and considering the fact that the police filed charge-sheet, we grant bail to the petitioner.

Accordingly, the petitioner 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 Learned Additional Chief Judicial Magistrate, Serampore, Hooghly, subject to the condition that during bail he shall appear before the learned trial court on the date fixed till disposal of the trial and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. The application for bail being C.R.M.(DB) 227 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)