The High Court allowed an application for anticipatory bail under Section 438 CrPC, ruling that custodial interrogation was unnecessary despite allegations of complicity derived from a co-accused's statement.
Application allowed; petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
47 08.12.2020 ss Allowed
C.R.M. 9915 of 2020
(Through Video Conference)
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak P.S. Case No.789 of 2020 dated 10.10.2020 under sections 379/411/413/414/120B of the Indian Penal Code.
And
In the matter of: Babu Sk. @ Saifuddin Biswas
Mr. Arup Bhowmick
… … for the Petitioner
Mr. Neguive Ahmed, APP
… … for the State
Having considered the materials on record and bearing in mind the extent of complicity of the petitioner in the alleged crime in the light of the submission that his complicity has arisen from the statement of co-accused before police officer, we are of the opinion custodial interrogation is not necessary and the petitioner may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
This application for anticipatory bail is, thus, allowed.
2
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 the petitioner is eligible for anticipatory bail under Section 438 CrPC given his alleged complicity derived from a co-accused's statement?
Whether custodial interrogation is necessary in the case of anticipated facts?
Babu Sk. @ Saifuddin Biswas
State
Suvra Ghosh
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
