Krishna Pramanik v. State Of West Bengal

CRM No.1763 of 2021 Via video conference 22.04.21 (S.R.) Sl.126 Ct.28 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Chanchal Police Station Case No.507 of 2019 dated 20.07.2019 under Sections 302/34 of the Indian Penal Code (G.R. Case No.1280 of 2019);

And In re: Krishna Pramanik ... for the petitioner.

Mr. Pradyumna Sinha ... for the petitioner.

Mr. Ranabir Raychowdhury Mr. Rudradipta Nandy ...for the State.

Mr. Sinha, learned advocate appearing for the petitioner submits that the petitioner is innocent and he has been falsely implicated. The allegations levelled against him are in the abstract and there is no incriminating material against the petitioner. Upon completion of investigation charge-sheet has also been filed and as such, further detention of the petitioner, who is in custody for more than 639 days is not warranted.

He further submits that the petitioner has a minor daughter and his wife is suffering from several ailments and requires urgent medical treatment. There is none in the family to take steps for treatment of his wife. In the said conspectus, the petitioner may be enlarged on bail on any stringent condition.

Mr. Raychowdhury, learned advocate appearing for the State opposes the petitioner's prayer for bail and draws our attention to several documents in the case diary.

He submits that overt act has been attributed to the petitioner and his application was rejected thrice earlier. In an earlier application preferred by the petitioner along with his wife being CRM

No.7932 of 2020, the petitioner's wife was only granted bail. Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the gravity of the offence and the extent of complicity of the petitioner in the alleged offence, we are not inclined to grant bail to the petitioner at this stage. Accordingly, the application for bail being CRM No.1763 of 2021 is dismissed.

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