Rabin Sarkar And ORS v. State Of West Bengal

ADDL 38.

October 20, 2020.

SG CRM 8204 of 2020 In Re. An application for bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No.746 of 2018 dated 08.11.2018 under Sections 143/147/149/186/332 /333/353/307/427/120(B) of the Indian Penal Code.

In the matter of: Rabin Sarkar and others ...petitioners.

Ms Juin Dutta Chakraborty ... for the petitioners.

Mr Swapan Banerjee Ms Sima Biswas ... for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The petitioners claim that a minor incident has been exaggerated in the complaint.

The State produces the case records, refers to the injury reports and relies on some of the statements rendered by the concerned persons.

Considering the nature of the incident and the material against the petitioners, no case is made out for their immediate custodial interrogation. The investigation has already been completed.

In the event of arrest, the petitioners will be enlarged on

bail upon furnishing a security of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioners will also abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioners will attend every date fixed for trial and any unexplained absence will entitle the trial court to cancel the bail without reference to this court.

CRM 8204 of 2020 is disposed of.

( Sanjib Banerjee, J. ) ( Arijit Banerjee, J. )