Prasanta Das v. State Of West Bengal

CRM No.7158 of 2021 Via video conference 25.11.21 (S.R.) Sl.147 Ct.32 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Palashipara Police Station Case No.135 of 2021 dated 25/04/2021 under Sections 448/323/326/307/354/506/34 of the Indian Penal Code; And In re: Prasanta Das ... petitioner.

Mr. Asraf Mandal ... for the petitioner.

Mr. Sanjay Bardhan Ms. Baishakhi Chatterjee ...for the State.

The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. No overt act has been attributed to the petitioner. Upon completion of investigation charge sheet has also been submitted and as such, custodial interrogation is not necessary.

Mr. Bardhan, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary including the injury report and the statements of witnesses as recorded under Section 161 of the Code. Having heard the learned advocates and considering the materials in the case diary, the nature of allegations and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that custodial interrogation of the petitioner is not warranted more so when upon completion of investigation charge sheet has been submitted.

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, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid

down under Section 438(2) of the Code of Criminal Procedure, 1973. It is further directed that the petitioner shall attend the learned trial court on all the dates, as fixed for hearing, and shall not intimidate the witnesses or tamper with evidence in any manner whatsoever.

It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel the petitioner's bail without any further reference to this Court.

The application for anticipatory bail being CRM No.7158 of 2021 is, accordingly, disposed of.

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