1
568
03.07.2017
rrc
(Partly
Allowed)
C.R.M. 4340 of 2017
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure.
In the matter of : 1. Uttam Das
2. Babli Das
3. Biswajit Dey
… petitioners
Ms. Minoti Gomes
…..For the petitioners
Mr. Sabir Ahmmed
……For the State
Mr. Arnab Chatterjee
…….For the de-facto complainant
Apprehending arrest in course of investigation of Taherpur
Police Station F.I.R. No. 111 of 2017 dated 2nd May, 2017 under
Sections 498A/304B/302/34 of the Indian Penal Code, the
petitioners (parents-in-law of the victim and the son-in-law of
such parents) have applied for anticipatory bail.
We have heard learned advocates for the parties and
perused the materials in the case diary, more particularly
statement of the mother of the victim recorded under Section
161 of the Code of Criminal Procedure (hereafter the ‘Cr.P.C.’).
On perusal of the case diary, we are of the considered view
that complicity of the petitioner no 1 (Uttam Das) cannot be
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totally ruled out. Accordingly, the prayer for direction as made
by the said petitioner stands rejected.
So far as the petitioner nos. 2 3 (Babli Das and Biswajit
Dey) are concerned, we are of the considered view that custodial
interrogation of the said petitioners is not necessary for
meaningful progress of investigation and that they are entitled
to a direction for release on bail, as prayed for.
The application, accordingly stands disposed of with the
direction that in the event of the arrest of the petitioner nos. 2
and 3, they shall be released on bail upon furnishing bond of
Rs.5,000/- each, with two sureties of like amount each, 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.
(Debi Prosad Dey, J.) (Dipankar Datta, J.)