SB C.R.M. 2835 of 2017
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 05.04.2017.
In the matter of : Prabir Sarkar
Mr. Subir Debnath,
Mr. Debajit Kundu
…for the petitioner.
Ms. Purnima Ghosh
…for the State.
Apprehending arrest in course of investigation of Taherpur
P.S. F.I.R. No. 302/2016 dated 10.09.2016 under Sections
498A/325/307/34 of the Indian Penal Code, the petitioner has
applied for anticipatory bail.
It is submitted by Mr. Debnath, learned advocate appearing
for the petitioner that upon completion of investigation, police
report under Section 173(2) of the Code of Criminal Procedure
(charge-sheet) (hereafter the Cr. P.C.) has already been submitted
before the relevant magistrate.
Ms. Ghosh, learned advocate appearing for the State has
produced the case diary.
We have heard learned advocates for the parties and perused
the materials in the case diary. Considering the nature of injury
suffered by the victim as is evident from the injury report at page
19 thereof and also regard being had to the fact that on completion
of investigation police report under Section 173(2) of the Cr. P.C.
has been filed before the relevant magistrate, we are of the view
that personal liberty of the petitioner may not be curtailed at this
stage and that he is entitled to direction, as prayed for.
Accordingly, C.R.M. 2835 of 2017 stands allowed with the
direction that in the event of arrest, the petitioners shall be
released on bail upon furnishing bond of Rs.5,000/- (Rupees Five
Thousand), with two sureties of like amount each, one of whom
must be local, to the satisfaction of the Court below.
(Dipankar Datta, J.)
(Debi Prosad Dey, J.)