Archana Patra And ORS v. State Of West Bengal

30.09.2022.

57.

as (Allowed) C.R.M. (DB) 3477 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Joypur P. S. Case No.12 of dated 25.01.2019 under Sections 186/332/333/353/325/308/427/379/34 of the Indian Penal Code.

In the matter of : Archana Patra & Ors.

.... Petitioners.

Mr. S. Pachhal.

...for the Petitioners.

Mr. P. K. Datta, ld. A.P.P., Mr. S. Roy.

...for the State.

It is submitted on behalf of the petitioners there was a commotion in the locality due to inaction of police over the accidental death of a local boy. Petitioners have been falsely implicated in the instant case. They are in custody for 15 days. They pray for bail.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Incident occurred due to an impromptu burst of anguish over police inaction regarding accidental death of a local boy. Allegations against the petitioners are general and omnibus in nature. Injuries suffered by the police personnel are simple. Under such circumstances, we are inclined to grant bail to the petitioners.

Accordingly, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be locale, to the satisfaction of the learned Additional Chief Judicial Magistrate, Uluberia, Howrah subject to condition that they shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

The application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)