法院裁定，鉴于报案存在九个月延误且期间无当代证据，对申诉人进行羁押式讯问并非必要，遂依据《1973 年_crpc_》第 438(2) 条的规定批准了预期保释申请，并施加了与调查人员每周会晤等条件。
预期保获准，附带条件：在逮捕时需凭两名保证人各一万元保证金获释，并与调查员每周见面一次。
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02.12.2020 Court No.3 SL No.79 AP
CRM 9627 of 2020 (Through Video Conference)
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Purulia (M) P.S. Case No. 219/2020 dated 21.10.2020 under Sections 498(A)/307/506/ 34 of the Indian Penal Code and Section 4 of the D.P. Act.
And
In the matter of: Bikash Chandra Das & Ors.
….Petitioners.
Mr. Satyajit Mahata
…for the Petitioners.
Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Aniket Mitra
…for the State.
We have considered the materials on record. There is delay of nine months in lodging the first information report. No contemporaneous complaint with regard to alleged threats held out by the petitioners during that period is placed on record. In view of the aforesaid facts, we are of the opinion custodial interrogation of the petitioners are not necessary and they may be granted anticipatory bail. However, the petitioners require to cooperate with the investigation.
Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall meet the investigating officer once in a week until further orders.
The application for anticipatory bail is, thus, allowed.
The parties shall act in terms of the copy of the order downloaded from the official website of this court.
(Suvra Ghosh, J.)
(Joymalya Bagchi, J.)
2 issues framed by the court
Whether anticipatory bail should be granted given the nine-month delay in lodging the first information report.
What conditions should be attached to the grant of anticipatory bail to prevent interference with investigation.
4 provisions across 3 enactments
Bikash Chandra Das & Ors.
The State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
