Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Ashim Kumar Das on 16 May, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1 16.5.2017 C.R.M. 3562 of 2017 OWED 39 c In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 25th April, 2017.
And
In the matter of : Ashim Kumar Das
Petitioner
Mr. Arnab Chatterjee
..... For the Petitioner
Mr. Madhusudan Sur
Mr. Rudradipta Nandy.
..... For the State
Apprehending arrest in course of investigation of Barrackpore Cyber Crime Police Station FIR No. 01 of 2017 dated 20.2.2017 under sections 376/493/354C/120B of the Indian Penal Code and section 67A of the Information Technology Act, 2000, the petitioner has 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 petitioner as revealed from the case diary, we are of the considered opinion that his custodial interrogation is not necessary for effective and meaningful investigation of the FIR and that he is entitled to direction as prayed for in the application.
The application, thus, stands allowed with the direction that in the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.5000/- (Rupees five thousand) with two sureties of like amount, 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.)