Calcutta High Court (Appellete Side)
Bibek Marjit vs Unknown on 29 August, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
29.8.2017 (CL1147) KC C.R.M. 7278 of 2017 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
In the Matter of : Bibek Marjit..............petitioner. Mr. Kusal Kumar Mukherjee..............For the petitioner.
Mr. Swapan Banerjee, Ms. Sima Biswas...............................For the State.
Apprehending arrest in course of investigation of Sagdardighi P.S. F.I.R. No. 258/2017 dated 07.06.2017 under Sections 376 and 313 of the Indian Penal Code, the petitioner has applied for anticipatory bail.
We have heard 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 level of the petitioner's complicity, as revealed from such case diary, we are of the considered opinion that custodial interrogation of the petitioner is not necessary for taking the investigation to its logical conclusion; hence, he is entitled to direction, as prayed for.
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.5,000/- (Rupees Five Thousand), 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 Code of Criminal Procedure.
(DIPANKAR DATTA,J.) (DEBI PROSAD DEY,J.) 2