Kishor Kumar Pramanick v. State Of West Bengal

27.09.2021 Ct. No. 29 sdas Allowed C.R.M. 6306 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uluberia Police Station Case No. 121 of 2020 dated 29.04.2020 under Sections 147/149/323/325/326/308/34 of the Indian Penal Code read with Sections 8/10 of the POCSO Act. And In Re : Kishor Kumar Pramanick .... petitioner Ms. Devi Priya Mitra .....for the petitioner Mr. S. S. Imam Ms. Sonali Bhar ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that police submitted charge-sheet and, therefore, custodial interrogation of the petitioner is not required. She also submits that four other co-accused persons were granted anticipatory bail by the jurisdictional court and one was granted anticipatory bail by the co-ordinate Bench of this Court. Learned advocate appearing for the State draws attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure.

Considering that other co-accused persons were granted anticipatory bail and considering the contents of the statement

of the victim girl recorded under Section 164 of the Code of Criminal Procedure, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further conditions that the petitioner shall appear before the jurisdictional court on every date fixed for trial and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)