Calcutta High Court (Appellete Side)
In Re:- Raja Roy vs Re: An Application For Bail Under ... on 5 August, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
40 5.8.2016
C.R.M. No. 6203 of 2016
p.d.
In re:- Raja Roy .... Petitioner.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on
1.8.2016 in connection with Titagarh Police Station Case No.402/2016 dated 5.6.2016 under Section 326A/307/120B/34 of the Indian Penal Code. Mr. Shyamal Krishna Deb ... For the petitioner.
Mr. Manjit Singh, P.P., Mr. Saryati Dutta ... For the State.
Heard the learned Advocates appearing on behalf of the parties. Perused the case diary.
This is a case, where the wife of the de facto complainant is the victim of acid attack.
Going through the injury report, we find that she was brought to the Hospital by her husband and before the Doctor, it was disclosed that acid was hurled on her face by some unknown persons for some unknown reasons. It also appears therefrom that she was treated at 11.30 p.m. and subsequently, an FIR was lodged at the Titagarh Police Station at 00.35 hours on the very same day and in the said FIR, it was alleged that while the victim was about to close their main-door, this petitioner and others came there and hurled acid on her face. It be noted that the maker of 2 the FIR is her husband and the same person, who brought the victim to the Hospital.
On the other hand, the learned Public Prosecutor opposes the prayer for bail and he draws our attention to the statements of the other witnesses.
Going through the same, we find that none of them were the eye-witnesses to the occurrence.
Having regard to above and considering the length of detention suffered by the petitioner, who is in custody for 62 days, 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, Barrackpore subject to the condition that after release, the petitioner shall not enter within the jurisdiction of Titagarh Police Station, except for the purpose of attending the court's proceedings, if any and he shall report to the officer-in-charge of the concerned Police Station, where he shall reside after his release, thrice in every week, until further orders.
It is also directed that before release, the petitioner shall inform both to the court below as well 3 as to the investigating officer of the case, where he shall reside after his release.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)