Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Milon Roy @ Kalu on 5 October, 2016
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 05.10.2016
BP Sl 60 C.R.M. 8250 of 2016 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 03.10.2016 in connection with Bhadreswar Police Station Case No. 283 of 2016 dated 26.07.2016 under Sections 407/34 of the Indian Penal Code read with Sections 379/413/414 of the Indian Penal Code.
And In the matter of : . Milon Roy @ Kalu......petitioner.
Ms. Sreyashee Biswas, ..for the petitioner.
Mr. Satarup Purkayastha, ..for the State Heard learned counsel appearing on behalf of the parties. The petitioner is in custody for 61 days. At the very outset, the learned counsel for the State conceded that there is no materials collected during investigation that the petitioner is a habitual offender and he also could not able to show us that the petitioner has any criminal antecedent.
Now, the subject matter of theft has been recovered. Considering the nature of the allegations and the materials collected in support of the same and the petitioner's 2 length of detention in custody and when no case is made out from the side of the State showing further custodial detention of the petitioner is necessary or if he is released on bail, he is likely to abscond and also considering the subject matter of theft, the prayer for bail is allowed.
Let the petitioner be released on bail to the satisfaction of the Additional Chief Judicial Magistrate, Chandannagore, Hooghly upon furnishing a Bond of Rs. 30,000/- with two sureties of Rs. 15,000/- each, one of whom must be local subject to the condition that the petitioner shall not leave the jurisdiction of Galsi Police Station, except for the purpose of attending the court's proceedings and he shall report to the Officer-in-Charge of the said Police Station, thrice in every week, until further orders.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.) 3 4