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Calcutta High CourtCRM/7580/2021allowed

Sayan Pramanik @ Sayan Pramanick v. State Of West Bengal

2022-01-04Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

04.01.2022 Court No.32 rpan / 236 CRM 7580 of 2021 [through Video Conferencing] In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re.: Sayan Pramanik @ Sayan Pramanick - Petitioner Mr. Souma Subhra Ray ... for the Petitioner.

Mr. Debabrata Chatterjee, Ms. Manisha Sharma ... for the State.

Apprehending arrest in connection with Bishnupur Police Station Case No.234 of 2021 dated 13.04.2021 under Sections 498A/406/34 of the Indian Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act, the petitioner has filed the present application.

Mr. Ray, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. Upon completion of investigation charge sheet has been submitted and streedhan articles have been seized. In view thereof, custodial interrogation is not warranted.

Mr. Chatterjee, learned advocate enters appearance on behalf of the State and draws our attention to several documents in the case diary.

Considering the nature of allegations, we are of the opinion that custodial interrogation is not necessary, more so when, streedhan articles have already been seized and charge sheet has been submitted upon completion of investigation.

Accordingly, we allow this application and direct that in the event of arrest the petitioner, namely, Sayan Pramanik @ Sayan Pramanick, 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 court below on all the dates, as specified for hearing and shall not tamper with the evidence and/or intimidate the witnesses in any manner whatsoever.

In the event the petitioner fails to comply with the aforesaid directions, without any justifiable cause, the learned court below shall be at liberty to cancel his bail, in accordance with law, without further reference to this Court.

The application for anticipatory bail, being CRM 7580 of 2021 is, thus, 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.)