Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Basanti Chakravorty & Others on 19 September, 2016
Author: Patherya
Bench: Patherya
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19. 09 .2016 C.R.M. 7014 of 2016.
ALLOWED
In the matter of An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 30th August, 2016 in connection with
Shyampur Police Station Case No. 289 of 2016 dated 11.8.2016 under Sections
143/147/323/325/354B/379/506 of the Indian Penal Code..
And In the matter of : Basanti Chakravorty & Others ... Petitioners Mr. Syed Moshihar Rahaman .. for the Petitioners Mrs. Sujata Das .. For the State Apprehending arrest in connection with Shyampur Police Station Case No. 289 of 2016 dated 11.8.2016 under Sections 143/147/323/325/354B/379/506 of the Indian Penal Code, this application for anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure.
Learned Advocate for the petitioners submits that the petitioners have been falsely implicated on account of village rivalry and they are innocent.
Learned Advocate for the State takes us through the case diary and specifically draws our attention to the injury report at page 20 and the statements of the witnesses recorded under Sections 161 of the Code of Criminal Procedure at pages 12,13 and 14. 2
Having considered the submissions of both the parties and having regard to the facts and circumstances of this case, we are of the considered view that the custodial interrogation of the petitioners will not be necessary for the purpose of effective investigation.
Thus, we direct that the petitioners, namely, Basanti Chakravorty, Amiya Chakravorty, Mamani Chakravorty @ Santi, Dipak Chakravorty and Susama Chakravorty be released on anticipatory bail in the event of their arrest upon furnishing bond of Rs. 5,000/- each with two sureties of Rs. 2,500/- each to the satisfaction of the arresting authority and subject to the conditions imposed under Section 438(2) of the Code of Criminal Procedure.
Accordingly, the prayer for anticipatory bail is allowed and the application is, thus, disposed of.
Certified copy of this order, if applied for, be given to the parties on priority basis.
( Patherya, J.) ( Debi Prosad Dey, J. ) 3