Calcutta High Court (Appellete Side)
CRM-5538-2017 on 20 July, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1 1016 20.07.2017
C.R.M. 5538 of 2017 CL PG Re : An application for anticipatory bail under Section 438 of Court No.3 the Code of Criminal Procedure filed on 15.06.2017.
In re : 1. Kakoli Pramanik
2. Mandira @ Sanchita Pramanik
3. Prasanta Pramanik
4. Shrimanta Pramanik.........petitioners Mr. Habibur Rahaman Mr. Maidul Islam Kayal..........for the petitioners Mr. Saibal Bapuli Mr. Arani Bhattacharya...for the State Apprehending arrest in course of investigation of Shyampur Police Station F.I.R. No. 210 dated 20.05.2017 under sections 341/323/325/342/354B/506/34 of the Indian Penal Code and sections 8/12 of the Protection of Children from Sexual Offences Act, the petitioners applied for anticipatory bail.
It is submitted on behalf of the petitioners that they have been falsely implicated.
Having heard learned advocates for the parties and on perusal of the materials in the case diary, more particularly the statement of the victim and her mother, both recorded under section 164 of the Code of Criminal Procedure, 1973 (hereafter the 'Cr.P.C.'), we are of the considered opinion that custodial interrogation of the petitioners is not necessary for effective and meaningful progress of investigation of the said F.I.R.; hence it is a fit and proper case for making 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 each one of whom must be local, to the satisfaction of the arresting officer and also subject to the 2 conditions laid down in sub-section (2) of Section 438 of the Cr.P.C.
The application is thus, disposed of.
(DIPANKAR DATTA, J.) (DEBI PROSAD DEY, J.)