Calcutta High Court (Appellete Side)
Bankim Biswas vs Unknown on 6 July, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1
06.07.2017
Item No.755
(allowed)
SB C.R.M. 5126 of 2017
In Re:- An application for anticipatory bail under Section 438 of the Code
of Criminal Procedure filed on 05.06.2017.
In the matter of :
1.Bankim Biswas,
2. Sibani Biswas ................petitioners.
Mr. Abdur Raqib ...for the petitioners.
Mr. Sujan Chatterjee ...for the State.
Apprehending arrest in course of investigation of Gaighata P.S. F.I.R. No. 63/2017 dated 21.01.2017 under Sections 363/366/372/384/406/506/34 of the Indian Penal Code, the petitioners have applied for anticipatory bail.
Having heard 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 Cr. P.C.), we are of the considered view that curtailment of the petitioners' personal liberty for facing custodial interrogation, on facts and in the circumstances, is not necessary for effective and meaningful progress of investigation of the FIR and that this is a fit and proper case for making direction, as prayed for.
Accordingly, C.R.M. 5126 of 2017 stands allowed with the direction that in the event of arrest of the petitioners, they 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 subject to the conditions as laid down in sub-section (2) of Section 438 of the Cr. P.C. (Dipankar Datta, J.) 2 (Debi Prosad Dey, J.)