Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Sanjay Biswas on 14 July, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1 14.07.2017 C.R.M. 5271 of 2017 OWED 3 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 : Sanjay Biswas Petitioner.
Mr. Sourav Chatterjee Mr. Soumya Nag.
..... For the Petitioner.
Ms. Sayanti Santra
...... For the State
Apprehending arrest in course of investigation of Jaigaon Police Station FIR No. 118 of 2017 dated 01.6.2017 under sections 376/511 of the Indian Penal Code and sections 8 of the Protection of Children from Sexual Offences Act, 2012, 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 (hereafter the Cr.P.C.).
Having regard to the nature of allegations under investigation and the level of complicity of the petitioner, as reflected from the case diary, we are of the considered opinion that his custodial interrogation is not necessary for effective and meaningful progress of 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.)