Sulekha Pramanik v. The State Of West Bengal

36.

27.09.2024 Court No.28 (Tanmoy) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 2579 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Ranaghat Police Station Case No.

263/2024 dated 07.04.2024 under Sections 448/325/326/307/302/34 of the Indian Penal Code, 1860. And In the matter of: - Sulekha Pramanik ...petitioner.

Mr. Sabir Ahmed Mr. Abdul Aziz Mondal ...for the petitioner.

Ms. Zareen Khan Ms. Rajnandini Das ...for State.

Dictated by Arijit Banerjee, J.

1. The petitioner claims parity citing an order dated September 18, 2024, passed in CRM (DB) 2449 of 2024, whereby this Bench granted bail to two other accused persons, one of them being Anjali Roy. The petitioner says that she stands on a better footing than Anjali Roy. Her name did not appear in the FIR, whereas Anjali's name was there in the FIR.

2. While opposing the prayer for bail learned Advocate for the State, in her usual fairness, does not dispute that this petitioner stands on a better footing than Anjali Roy.

3. Hence, on the ground of parity, we allow the petitioner's prayer for bail.

4. Accordingly, we direct that the petitioner, namely, Sulekha Pramanik shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of Signed By :

TANMOY GHOSH High Court of Calcutta 27 th of September 2024 06:11:44 PM

like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.

6. The application for bail being CRM (DB) 2579 of 2024 is accordingly disposed of.

7. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 27 th of September 2024 06:11:44 PM