Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Lakhi Bag @ Laxmi Narayan Bag & Ors on 7 January, 2020
1 40 07.01.2020 ss Allowed C.R.M. 102 of 2020 In the matter of : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 03.01.2020 in connection with Goghat P.S. Case No. 365 of 2019 dated 18.12.2019 under sections 341/354B/195A/504/506/34 of the Indian Penal Code.
And In the matter of : Lakhi Bag @ Laxmi Narayan Bag & Ors. Mr. Niladri Sekhar Ghosh Ms. Srimoyee Mukherjee ... ... for the petitioners Mr. Antarikhya Basu ... ... for the State It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case and allegation of threatening of witnesses are out and out false.
Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioners are accused in an earlier murder case and had threatened witnesses of the said case.
We have considered the materials on record and bearing in mind the bald allegations relating to threatening of witnesses, we are of the opinion that though custodial interrogation of the petitioners is not necessary, movement of the petitioners requires to be restrict in order to instill confidence in the mind of the de facto complainant and the witnesses. 2
Accordingly, we direct in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall not enter the jurisdiction of Goghat Police Station until further orders except for the purpose of investigation and attending Court proceedings and shall provide the addresses to the Court below as well to the investigation officer and shall report to the officer in charge of the Police Station within whose jurisdiction they shall reside once in a week until further orders and shall appear before the Court below and pray for regular bail within four weeks from date.
This application for anticipatory bail is, thus, allowed.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)