Calcutta High Court (Appellete Side)
CRM-10734-2016 on 30 January, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1 42 30.01.2017
C.R.M. 10734 of 2016 PG Re : An application for anticipatory bail under Section 438 of Court No.15 the Code of Criminal Procedure filed on 22.12.2016.
In re : 1. Amarendra Das
2. Hare Krishna Rana
3. Gurupada Guchhait
4. Monoranjan Rana
5. Rampada Bhuniya
6. Badal Das
7. Swapan Samanta
8. Bikash Dey
9. Amit Kumar Das
10. Sudarshan Maity.......petitioners Mr. Kallol Kr. Basu Mr. Anindya Sundar Das ..............for the petitioners Mr. Prasun Dutta Mr. Sujan Chatterjee....for the State The petitioners apprehend arrest in course of investigation of Chandipur Police Station F.I.R. No. 149 of 2016 dated 22.06.2016 under sections 341/323/ 325/ 379/ 448/ 354B/436/506/34 of the Indian Penal Code. As such, the petitioners have presented this application for a direction that in the event of such arrest, they may be released on bail.
It is submitted on behalf of the petitioners that they have been falsely implicated.
Having heard the learned advocates for the parties and on perusal of the materials in the case diary, more particularly the statement of the victim recorded under section 164 of the Code of Criminal Procedure (hereafter the 'Code') and also having regard to the fact that other co-accused persons have been directed to be released on pre-arrest bail by a coordinate Bench by order dated September 22, 2016 in C.R.M. 6453 of 2016, we are of the considered view that custodial interrogation of the petitioners is not necessary for effective and meaningful progress of investigation of the said F.I.R. and it is a fit and 2 proper case for making a direction, as prayed for.
Accordingly, it is directed that in the event of arrest, the petitioners shall be released on bail upon furnishing bond of Rs.5,000/-(Rupees Five Thousand) each with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer, and also subject to the conditions laid down in sub-section (2) of Section 438 of the Code.
C.R.M. 10734 of 2016 is, thus, disposed of.
(DIPANKAR DATTA, J.) (SAHIDULLAH MUNSHI, J.)