Calcutta High Court (Appellete Side)
In Re:- Subhash Das Bairagya vs Re: An Application For Bail Under ... on 9 September, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 54 9.9.2016
C.R.M. No. 7318 of 2016 p.d.
In re:- Subhash Das Bairagya .... Petitioner.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on 7.9.2016 in connection with Tehatta Police Station Case No.232/2016 dated 29.4.2016 under Sections 447/325/326/427/34 of the Indian Penal Code.
Mr. Ainul Bari .... For the petitioner.
Ms. Zareen N. Khan ... For the State.
Heard the learned Advocates appearing on behalf of the parties. Perused the case diary.
The petitioner is in custody for 43 days and he and the victim are the relation.
Opposing the prayer for bail, the learned Counsel for the State draws our attention to the injury report and then to the statement of the victim.
Now, going through the injury report, we find that it is true that the victim sustained multiple injuries but the size of the injuries is quite small. Furthermore, we find that this fateful incident happened during the course of quarrel between the relatives and the petitioner has no criminal antecedent.
Having regard to above and when no case is made out from the side of the State that if the petitioner is released on bail, he is 2 likely to abscond or his further detention in custody is necessary for the purpose of investigation, we allow his prayer for bail.
Let the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Tehatta, Nadia subject to the condition that after release, the petitioner shall not enter within the jurisdiction of Tehatta police station, either except for the purpose of attending the court's proceedings, if any, or to report to the concerned police station, as the case may be, and he shall report to the officer-in-charge of that police station, once in every week, until further orders.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)