Sl No. 657.
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
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
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. )