Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re : Ajizul @ Azijul @ Azizul Sk on 16 November, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
-11-11 C.R.M. No. 9875 of 2011 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 30th September, 2011 in connection with Dhubulia P.S. Case No. 344 of 2011 dated 22-07-2011 under Sections 376/323/34 of the Indian Penal Code.
And In re : Ajizul @ Azijul @ Azizul Sk. ... Petitioner.
Mr. Sumanta Das. ... for the petitioner.
Ms. Rituparna De. ... 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 376/323/34 of the Indian Penal Code which has been registered vide Dhubulia P.S. Case No. 344 of 2011.
The present petitioner is in custody for 110 days while he is aged about 18 years, victim is aged about 15 and half years.
We have gone through the statement of the victim recorded under Section 164 of the Code of Criminal Procedure as well as other materials on record. Charge-sheet has been submitted and investigation is over.
Considering the same, we do not find any reason to detain the petitioner in custody any further.
Let the petitioner be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Nadia, upon furnishing P.R. Bond of Rs. 10,000/- with two sureties of Rs. 5000/-each, one of them must be local and on condition that after his release, he shall meet the Investigating Officer of this case thrice in a week until further order and shall not tamper with the prosecution case or commit any offence while on bail.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Shukla Kabir (Sinha), J.)