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Calcutta High Court (Appellete Side)

An Application For Bail Under Section ... vs Khokan Halder on 8 January, 2014

Author: Asim Kumar Mondal

Bench: Asim Kumar Mondal

1

43. January 8, C.R.M. 15962 of 2013 2014 In the matter of : An application for bail under Section 439 of the Code of Criminal Procedure filed on December 5, 2013 in connection with Ranaghat Police Station Case No. 532 dated October 22, 2012 under Sections 325/326/307/34 of the Indian penal Code adding Section 302 of the Indian Penal Code;

And In the matter of : Khokan Halder.

...petitioner.

Versus State of West Bengal ...opposite party.

Mr. Rajdeep Majumdar, Mr. D. Haque, Mr. Abir Ranjan Neogie.

...for the petitioner.

Md. Kutubuddin.

...for the State.

This is an application under Section 439 of the Code of Criminal Procedure praying for release on bail in connection with Ranaghat Police Station Case No. 532 dated October 22, 2012 relating to an offence punishable under Sections 325/326/307/34 of the Indian Penal Code adding Section 302 of the Indian Penal Code.

We have heard the learned advocates appearing for the parties and perused the case diary.

It is submitted on behalf of the petitioner that the petitioner is in custody for 132 days and that further detention of the petitioner is not necessary.

Having considered the materials in the case diary and the period of detention and in view of the fact that investigation in the instant case is complete, and, particularly, that two of the co-accused persons have been released on bail, we do not 2 think that the custodial trial of this petitioner is necessary.

As such, the petitioner, namely, Khokan Halder, shall be released on bail to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, upon execution of a bail bond of Rs. 5,000/- (Rupees five thousand) only with two sureties of like amount, one of whom must be local.

Bpg. The application for bail, thus, stands allowed.

( Subhro Kamal Mukherjee, J. ) ( Asim Kumar Mondal, J. )