Prabir Kumar Garai @ Prabir Garai v. State Of West Bengal

08.06.2021 Sl. No. 130 Court No.30 BM CRM 3341 of 2021 (Via Video Conference) In Re: An application for Anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Durgapur Police Station Case No.501 of 2020 dated 26.12.2020(G.R Case No.1805 of 2020) under Sections 147/148/149/447/323/324/325 / 307/354/427/506 of the Indian Penal Code.

And In the matter of: Prabir Kumar Garai @ Prabir Garai ... Petitioner Mr. Uday Shankar Chattopadhyay ... for the petitioner Mr. S. G. Mukherji, Ld. PP Ms. Faria Hossain Ms. Sonali Das ... for the State The petitioner is apprehending arrest in connection with Durgapur Police Station Case No.501 of 2020 dated 26.12.2020 (G. R Case No.1805 of 2020) under Sections 147/148/149/447/323 / 324/325/307/354/427/506 of the Indian Penal Code It is submitted that the case has been instituted out of political vendetta and political rivalry the case has been instituted. The charge sheet has already submitted and there is no need for custodial trial of the offence as alleged by the prosecution.

On behalf of the learned counsel for the State our attention is drawn to various pages of the case diary, in particular the injury report which appears to be simple in nature therefore, finding that rests other offence are bailable in nature, we are inclined to admit him on bail.

We direct accordingly, that in the event of arrest, the petitioner may be admitted on anticipatory bail on furnishing bail bond of Rs.5,000/- with two sureties of like amount to the satisfaction of the arresting authority and subject to condition as embodied under Section 438(2) of the Code of Criminal Procedure. Application for anticipatory bail being CRM 3341 of 2021 is disposed of.

(Saugata Bhattacharyya, J.) ( Shivakant Prasad ,J.)