Allowed

Pallab Roy v. State of West Bengal

Calcutta HC3 Sept 2020CRM/5559/2020

Case brief

AI extract

What is this about?

The High Court inquired into a bail application under Section 439 CrPC filed by Pallab Roy charged under multiple sections of the IPC and E.S. Act. The court granted bail after noting the petitioner was similarly placed to an accused who had previously been granted bail.

What did the court decide?

Petitioner released on bail subject to furnishing a bond of Rs. 10,000 with two sureties and meeting the Police Officer once in a fortnight.

Pallab Roy Vs State of West Bengal — Bail and Remand | Calcutta HC (2020)

¶1

03.09.2020 No. 8 Ct. No. 11 br/agm

¶2

CRM 5559 of 2020 With

¶3

(Via Video Conference)

¶4

In Re : An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bishnupur Police Station Case No. 785 of 2019 dated 28.10.2019 under Sections 147 /148 /149 /325 /326 /307 /379/448/427/354/435/506/302 of the Indian Penal Code and 4/5 E.S. Act.

¶5

And In the matter of : Pallab Roy ….. Petitioner Mr. Maidul Islam, …. for the Petitioner Mr. Pradipta Kumar Ganguly, …for the State.

¶6

The petitioner undertakes 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.

¶7

Learned counsel for the petitioner submits that the petitioner is in the custody for more than eleven months. He further submits that similarly placed accused being one Sanat Sardar was granted bail in CRM 4395 of 2020.

¶8

Learned counsel for the State opposes the prayer and refers to the case statements of the victim witnesses in the case dairy. We have perused the statements of the witnesses. We have found that the present petitioner is similarly placed in the case records as that of the accused who was granted bail in CRM 4395 of 2020.

¶9

Accordingly, we are inclined to release the petitioner on bail.

¶10

¶11

The petitioner shall be released on bail subject to the satisfaction of the learned Chief Judicial Magistrate, Alipore upon furnishing a bond of Rs. 10,000 (rupees ten thousand) with two sureties of like amount, one of whom shall be local and on condition that the petitioner shall not threaten the witnesses and/or try to tamper with evidence and/ or intimidate the witnesses. The petitioner shall meet with the Officer-in-charge of the Bishnupur Police Station once in a fortnight until further orders.

¶12

CRM 5559 of 2020 is disposed of.

¶13

Urgent photostat certified copy of this order may be

¶14

supplied to the parties expeditiously, if applied for.

¶15

(Samapti Chatterjee, J.)

¶16

(Tirthankar Ghosh, J.)

Pallab Roy v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Pallab Roy v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lokenath Pramanick Vs State of West Bengal

Tapan Kr Sarkar @ Tapan Ch. Sarkar & Ors. Vs State of West Bengal

Abdul Halim @ Md. Abdul Alim & Anr. Vs State of West Bengal

Bhola Ghosh @ Sunil Ghosh & Ors. Vs State of West Bengal

Rajaram Ghosal Vs State of West Bengal