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Calcutta High Court (Appellete Side)

An Application For Anticipatory Bail ... vs Keshab Chandra Neogi @ Khokan Neogi on 20 July, 2017

Author: Dipankar Datta

Bench: Dipankar Datta

1 20.07.2017 C.R.M. 5333 of 2017 ALLOWED In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 13th June, 2017.

And In the matter of : Keshab Chandra Neogi @ Khokan Neogi Petitioner.

Mr. Milan Mukherjee Mr. Rahul Ganguly.

                                         .....    For the Petitioner.
      Mr. Rudradipta Nandy.
                                         ...... For the State

Apprehending arrest in course of investigation of Mogra Police Station FIR No. 65 of 2017 dated 02.03.2017 under sections 420/465/468/483/486 of the Indian Penal Code, the petitioner has applied for anticipatory bail.

Mr. Mukherjee, learned senior advocate for the petitioner contends that he has been falsely implicated. It is also submitted that the petitioner after receipt of the notice issued under section 41A of the Code of Criminal Procedure Code (hereafter the Cr.P.C.) has met the investigating officer.

Mr. Nandy, learned advocate for the State agrees that the petitioner has complied with the notice issued by the investigating officer.

Having heard the learned advocates for the parties and on perusal of the materials in the case diary, more particularly the allegations under investigation and the level of complicity of the petitioner, as revealed therefrom, we are of the considered opinion that custodial interrogation of the petitioner is not necessary for effective and meaningful investigation of the FIR and that he is entitled to direction, as prayed for, in the application.

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.5000/- (Rupees five thousand) with two sureties of like amount, one of whom must be local to the satisfaction of the arresting officer and subject to condition as laid down in sub- section (2) of section 438 of the Cr.P.C.

(Dipankar Datta, J.) (Debi Prosad Dey, J.) 2