An Application For Anticipatory … vs 1. Tapas Raha on 4 July, 2017

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04.07.2017 C.R.M. 4414 of 2017
OWED

8 In the matter of : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 17th May, 2017.

And
In the matter of : 1. Tapas Raha, 2. Supriya Raha, 3. Renu Raha

4. Narayan Raha and 5. Tuku Majumder.

Petitioners.

Mr. Sabir Ahmed
Mr. Azizur Islam.

….. For the Petitioners.
Mr. Rudradipta Nandy
Ms. Debjani Sahu.
…… For the State

Apprehending arrest in course of investigation of Canning Police Station FIR
No.82 of 2017 dated 18.2.2017 under
section 498A/323/406/506(II)/34 of the Indian
Penal Code and
sections 3/4 of the Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989, the petitioners have applied for anticipatory bail.

d as Rejected Mr. Ahmed, learned advocate appearing for the petitioners, submits that this
application shall not be pressed at the instance of the petitioner no.4. Accordingly, the
application of the petitioner no. 4 stands rejected as not pressed.

: Allowed We have heard Mr. Ahmed as well as Mr. Nandy, learned advocate for the State.

We have also perused the materials in the case diary, more particularly, the complaint
lodged under
section 156(3) of the Code of Criminal Procedure by the complainant giving
rise to the FIR. Having regard to the contents of paragraph 5, we are of the view that the
bar of
section 18 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)
Act would not be a bar for entertainment of the application for anticipatory bail at the
instance of the petitioners 1, 2, 3 and 5.

READ  Fuzlunbi vs K. Khader Vali And Anr. on 8 May, 1980

Considering the nature of accusation and the level of complicity of the petitioners,
as revealed therefrom, we are of the considered view that custodial interrogation of the
petitioners 1, 2, 3 and 5 is not necessary for effective and meaningful investigation of the
FIR and that they are entitled to direction, as prayed for in the application.

The application, thus, stands partly allowed with the direction that in the event of
arrest of the petitioners 1, 2, 3 and 5, they shall be released on bail upon furnishing
bond of Rs.5000/-(Rupees five thousand) each with two sureties of like amount each,
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one of whom must be local to the satisfaction of the arresting officer and subject to the
condition 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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