Samir Pramanik v. State Of West Bengal
23.11.2021 Court No.29 SL No.106 AP CRM 5385 of 2021 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Polba P.S. Case No.11 of 2021 dated 16.01.2021 under Sections 354/354B/354C/441/442/ 370/504/506/509 of the Indian Penal Code.
And In the matter of: Samir Pramanik ....Petitioner.
Mr. Uday Sankar Chattopadhyay Mr. Santanu Maji Mr. S. Das ...for the Petitioner.
Mr. Rudradipta Nandi ...for the State.
Petitioner seeks anticipatory bail.
Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The police complaint was lodged 14 days after the alleged incident and that too in terms of an order passed under Section 156(3) of the Code of Criminal Procedure. In any event, the police filed charge-sheet. Therefore, custodial interrogation of the petitioner is not required.
Learned advocate for the State draws the attention of the court to the contentions in the case diary including the statements recorded under Sections 161 and 164 of the Code of Criminal Procedure. Considering the materials in the case diary, the gravity of the offence and complicity of the petitioner appearing therefrom, we are unable to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM 5385 of 2021 is dismissed. (Bibhas Ranjan De, J.) (Debangsu Basak, J.)