Calcutta High Court (Appellete Side)
Ganesh Prasad @ Gonesh Prasad vs Unknown on 12 January, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1.2011 CRM No. 17228 of 2010 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on lst December, 2010 in connection with Diamond Bantra P.S. Case No. 61 dated 27.6.2010 under Sections 395/397/120B/412 of the I.P.C. and Sections 25(1)(a)/27(1)/35 of the Arms Act.
And In the matter of:- Ganesh Prasad @ Gonesh Prasad petitioner Mr. Suman De For the petitioner Md. Abdus Salam for the State Heard the learned Counsel appearing on behalf of the parties.
Perused the case papers.
The petitioner is seeking bail in connection with a case relating to the offence punishable under Sections 395/397/120B/412 of the I.P.C. and Sections 25(1)(a)/27(1)/35 of the Arms Act, registered vide Bantra P.S. Case No. 61 dated 27.6.2010.
It is submitted before us by the learned Counsel of the petitioner that petitioner is in custody for more than 100 days and he has been falsely implicated in this case. He further submitted that the principal accused, Soumitra Khan has been granted bail by this Hon'ble Court. In this connection, he produced xerox copy of the certified Photostat copy of the order of bail that may be taken on record.
The prayer for bail has been opposed by the learned Counsel of the State. He draws our attention to page 9 of the case papers, the statement of one witness, namely, Sambhu Chatterjee, recorded under Section 161 of the Code of Criminal Procedure.
Having perused the said statement, we find that the present petitioner as well as the person, who has already been enlarged on bail, are standing on the same footing. Since the other co-accused has been granted bail, we do not find any reason to detain the petitioner any further. Moreover it is the admitted position that this is a case of attempting to commit extortion.
2Now, having regard to the aforesaid facts, the prayer for bail of the petitioner stands allowed.
Let the petitioner be released on bail upon furnishing P.R. Bond of Rs. 10,000/- with one local surety of like amount and shall not commit any offence while on bail or tamper with the prosecution case.
The application is, thus, disposed of.
(J.N. Patel, Chief Justice) (Ashim Kumar Roy, J.)