Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs 1. Sk. Kutubuddin on 18 May, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1
18.5.2017 C.R.M. 3702 of 2017
ALLOWED
751
sc
In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 28th April, 2017.
And
In the matter of : 1. Sk. Kutubuddin
2. Sk. Naim
Petitioners
Mr. Siddhartha Sarkar
..... For the Petitioners
Mr. Swapan Banerjee
Ms. Sima Biswas.
..... For the State
Apprehending arrest in course of investigation of Arambag Police Station FIR
No.1021 of 2016 dated 26.10.2016 under sections
147/148/448/427/323/325/307/354/379/506 of the Indian Penal Code and sections 3 and 4 of the Explosive Substances Act, the petitioners have applied for anticipatory bail.
We have heard the learned advocates for the parties and perused the materials in the case diary, more particularly the statement of the victim recorded under section 164 of the Code of Criminal Procedure. Having regard to the extent of complicity of the petitioners as revealed therefrom, we are of the considered opinion that their custodial interrogation is not necessary for effective and meaningful progress of investigation of the FIR and that they are entitled to direction as prayed for in the application.
The application, thus, stands allowed with the direction that in the event of arrest, the petitioners shall be released on bail upon furnishing bond of Rs.5000/- (Rupees five thousand) each with two sureties of like amount each, one of whom must be local to the satisfaction of the arresting officer and subject to condition as laid down in sub-section (2) of section 438 of the Code of Criminal Procedure.
( Dipankar Datta, J.) (Debi Prosad Dey, J.)