Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs In Re : Choto Ramu & Anr on 24 April, 2015
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
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40 24.4.2015 C.R.M. No.17741 of 2014
p.d.
In the matter of an application for anticipatory bail under Section 438 of the Code of
Criminal Procedure affirmed on 16.12.2014 in connection with Gazole P.S. Case
No.662/14 dated 13.11.2014 under Section 376(D) IPC.
And
In Re : Choto Ramu & Anr. ...... Petitioners.
Ms. Minoti Gomes,
Mr. M.A. Sk. ....For the petitioners.
Mr. Nirmalya Biswas .... For the State.
The petitioners, apprehending arrest in connection with Gazole P.S. Case
No.662/14 dated 13.11.2014 under Section 376(D) IPC, have approached this court for
pre-arrest bail.
Heard the learned Counsel appearing on behalf of the parties.
We have gone through the case diary, more particularly through the statement of
the victim lady recorded under Section 164 Cr.P.C. at page-49 of the case diary in the
light of the medical report.
Now, having regard to the same both together and
what transpires therefrom and the other materials collected
during investigation and when no case is made out from the
side of the State showing that the custodial interrogation of
the petitioners is necessary, we allow the petitioners' prayer
for anticipatory bail.
In the event of arrest of the petitioners in connection
with the aforesaid case, they shall be released on bail to the
satisfaction of the Arresting Officer upon furnishing Bond of
Rs.5,000/- each on condition that after release, they shall
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surrender before the regular court within four weeks
thereafter.
This order is subject to the conditions as laid down in
sub-Section (2) of Section 438 of the Code of Criminal
Procedure.
The application for anticipatory bail is, thus, disposed of.
( Ashim Kumar Roy, J. )
( Malay Marut Banerjee, J. )
.
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