CRM/11292/2020 of SAMARESH GHARAMI @ SAMARESH BISWAS AND ORS Vs State of West Bengal on 31 December 2020

31.12.2020Item no. 11Ct.8KAUSHIK/CHCAllowed

C.R.M. No.11292 of 2020

(Via Video Conference)

In Re:- An application for anticipatory bail under section 438of the Code of Criminal Procedure in connection with UttarparaPolice Station Case No.430 of 2020 dated November 20, 2020under Sections 147/ 323/ 504/ 506/ 427/ 379/ 354B/ 326/307/34 of the Indian Penal Code, 1860.

And

In the matter of:-

Samaresh Gharami @ Samaresh Biswas & ors.

… Petitioners

Mr. Arijit Ghosh

.. for the petitioners

Mr. Bidyut Kr. Ray,Mr. Rana Mukherjee,Ms. Rita Dutta

..for the State

Learned counsel for the petitioners submits that the petitionerno.3 holds a disability certificate and was incapable ofperpetrating the offence alleged. That apart, the petitioner no.2, itis submitted, is the father of the complainant and is of advancedyears. As such, it is not credible that the said petitioner alsoparticipated in the alleged offence.

The other petitioners, it is submitted, are the family membersof the complainant.

Learned counsel appearing for the State hands over the CaseDiary. It is evident from the injury report that the same allegeslower backache due to physical assault. A composite reading of the materials available and the nature of the offence alleged,coupled with the fact that the stand of the State is that the matterpertains to a landlord-tenant dispute, it would be appropriate ifthe petitioners are granted anticipatory bail on the conditions asstipulated in this order. Accordingly, C.R.M.11292 of 2020 isallowed, granting anticipatory bail to the petitioners, subject tothe following conditions:

i)The petitioners shall make themselves available forinterrogation by any police officer in connection with theoffences in question;interrogation by any police officer in connection with theoffences in question;

ii)The petitioners shall not make any inducement, promiseor threat to any person being acquainted with the factsrelating to the alleged offences in order to prevent suchperson from disclosing such facts before the concernedpolice officer and/or the Court;or threat to any person being acquainted with the factsrelating to the alleged offences in order to prevent suchperson from disclosing such facts before the concernedpolice officer and/or the Court;

iii)The petitioners shall not leave the jurisdiction of theconcerned Police Station i.e. Uttarpara Police Stationwithout leave of a competent Court.concerned Police Station i.e. Uttarpara Police Stationwithout leave of a competent Court.

In the event of arrest, the petitioners shall be released on bailon furnishing a bond of Rs.5,000/- (Rupees Five Thousand only)each, with two sureties of like amount each, to the satisfaction ofthe arresting officer.

In addition, the petitioners shall attend the trial on all thedates fixed. In default on the part of the petitioners to comply withany of the above conditions, the trial court shall be at liberty to direct arrest of the petitioners without further reference to thisCourt.

Urgent certified photostat copy of this order, if applied for,shall be given to the parties as expeditiously as possible oncompliance of all necessary formalities.

.

(Sabyasachi Bhattacharyya, J.)

(Saugata Bhattacharyya, J.)