Uttam Pramanik And Others v. State Of West Bengal

09.04.2021 Court No.28 Item No. 272 Krishnendu ALLOWED C.R.M. 740 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In re: Uttam Pramanik & Ors.

......Petitioners Mr. Satadru Lahiri Mr. Safdar Azam .....For the Petitioners Mr. Rudradipta Nandy .......For the State Apprehending arrest in connection with Sandeshkhali Police Station Case No. 183 of 2020 dated 27.10.2020 under sections 341/326/307/427/506/34 of the Indian Penal Code, the petitioners have filed the present application.

The learned advocate for the petitioners submits that the petitioners are innocent of the charges and due to previous rivalry, they have been falsely implicated in the instant case. Mr. Nandy, learned advocate appearing for the State opposes the petitioners' prayer for anticipatory bail and draws the attention of this Court to the injury report and the statements of the witnesses. We have perused the injury report as well as the medical prescriptions and having regard to the nature of injury, which is available in respect of one of the patients, namely, Amiya Pramanik, we are of the opinion that custodial detention of the petitioners may not be warranted in the facts and circumstances of this case.

Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, Uttam Pramanik, Indra Narayan Mondal, Gour Das, Nakshatra Das, Shaktipada Routh @ Shakti Pada Routh, Niranjan Patra and Ranjit Das, shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 No. 740 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Soumen Sen, J.)