An Application For Anticipatory … vs 1. Debasish Manna on 15 June, 2017

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15.6.2017 C.R.M. 3936 of 2017
Allowed

86
c In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 5th
May, 2017.

And

In the matter of : 1. Debasish Manna, 2. Gunadhar Manna

Petitioners
Ms. Debjani Sahu
Mr. Arun Khutia.

….. For the Petitioners.
Mr. Prosun Kumar Datta
Mr. Nirupam Dhali.
…… For the State

Apprehending arrest in course of investigation of Garhbeta Police Station FIR No.
78 of 2017 dated 26.03.2017 under
sections 498A/406/376/307/506 of the Indian
Penal Code, the petitioners have applied for anticipatory bail.

jected 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 extent of complicity of the
petitioner no.2 as revealed therefrom, we are of the considered opinion that his custodial
interrogation is necessary for taking the investigation to its logical conclusion and that
he is not entitled to direction as prayed for in the application. The application, thus, at
the instance of the petitioner no.2 stands rejected.
wed We are also of the considered view that custodial interrogation of the petitioner
no.1 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 partly allowed with the direction that in the event of
arrest, the petitioner no.1 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 Code of Criminal Procedure.

READ  R. Sarala vs T.S. Velu And Ors on 13 April, 2000

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