Manoj Pramanik @ Monoj Pramanik And ANR. v. The State Of West Bengal

17.05.2024 SL No.3 Court No.8 (gc) (Allowed) CRM (A) 1663 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Habibpur Police Station Case No.66/2024 dated 25.03.2024 under Sections 379/411/413/414 of the Indian Penal Code and Section 21 of the Mines and Minerals Act.

And In the matter of : Manoj Pramanik @ Monoj Pramanik & Anr. - Petitioners.

Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick ... For the Petitioners.

Mr. Debasish Roy, Ld. P.P., Mrs. Anasuya Sinha, Ld. A.P.P., Mr. Samarjit Balial ... For the State.

1.

The learned Counsel for the petitioners submits that the petitioners have been falsely implicated.

2. The offence alleged against the petitioners is not sustainable in view of the documents they have disclosed in the petition, namely, the documents and receipts issued by the Government of West Bengal Land & Land Reforms and Refugee Relief & Rehabilitation.

3.

The learned Counsel for the State has submitted that the documents disclosed by the petitioners on verification appear to be genuine.

4.

Considering the materials available in the case dairy, the submission made on behalf of the State and the documents disclosed in the petition are genuine, we are of the view that the custodial interrogation of the petitioners is not necessary.

5.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Manoj Pramanik @ Monoj Pramanik and Bholanath Ghosh, be released on bail upon furnishing a bond of Rs.5,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. It is further directed that the present accused petitioners shall meet the Investigating Officer of this case once in a week and shall not leave the territorial jurisdiction of the learned Trial Court till submission of the final report except with the permission of the jurisdictional court.

6.

The application for anticipatory bail is, thus, disposed of. 7.

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