An Application For Anticipatory … vs Lakshmikanta Prodhan on 20 June, 2017

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Sl No. 657.
20.06.2017

Allowed.

AJ.

C.R.M. 3885 of 2017

In the matter of : An application for anticipatory bail under
Section 438 of the Code of Criminal Procedure presented on
03.05.2017.

And

In the matter of: Lakshmikanta Prodhan. … petitioner.

Mr. Rajes Jana. … …….. for the petitioner.

Ms. Rituparna De. ……. for the State.

Apprehending arrest in course of investigation of Sonarpur

Police Station F.I.R. No. 2488 of 2016 dated 16.11.2016 under

Sections 498A/406/323/506/34 of the Indian Penal Code and

above case was transferred from Pathar Pratima Police Station

F.I.R. No.99/2016 dated 21.06.2016 under Sections

4908A/406/323/ 506/34 of the Indian Penal Code, the petitioner

has applied for anticipatory bail.

We have heard learned advocates for the parties and

perused the materials in the case diary.

Although the petitioner has not complied with the notice

under Section 41A of the Code of Criminal Procedure, we find that

the principal accused is on bail and there is no direct overt act of

criminality attributed to the petitioner.

In that view of the matter, we are of the considered opinion

that custodial interrogation of the petitioner is not necessary for
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effective and meaningful investigation of the F.I.R. and that he is

entitled to direction as prayed for in this application.

C.R.M. 3885 of 2017 stands allowed with the direction that

in the event of the petitioner’s arrest, he shall be released on bail

upon furnishing bond of Rs.5,000/-, with two sureties of like

amount, one of whom must be local, to the satisfaction of the

arresting officer and also subject to the conditions as laid down in

sub-section (2) of Section 438 of the Code of Criminal Procedure.

( Dipankar Datta, J.)

( Debi Prosad Dey, J. )

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