Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Bikash Chandra Dutta on 2 May, 2014
Author: Shib Sadhan Sadhu
Bench: Shib Sadhan Sadhu
1 S/L May C.R.M. 4862 of 2014
29. 2, 2014 Bpg.
In the matter of : An application for bail under Section 439 of the Code of Criminal Procedure filed on April 2, 2014 in connection with Alipurduar Police Station Case No. 180 of 2013 dated April 30, 2013 under Sections 420/409/406/34 of the Indian Penal Code;
And
In the matter of : Bikash Chandra Dutta.
...petitioner.
Versus
The State of West Bengal
...opposite party.
Mr. Rajdeep Majumder,
Mr. Asis Bhattacharyya.
...for the petitioner.
Mr. Shabir Ahmed.
...for the State.
This is an application under Section 439 of the Code of Criminal Procedure praying for release on bail in connection with Alipurduar Police Station Case No.180 of 2013 dated April 30, 2013 relating to an offence punishable under Sections 420/409/406/34 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 50 days and charge-sheet has not yet been submitted and that further detention of the petitioner is not necessary.
Having considered the case diary and the materials on record, and particularly, when the charge-sheet has not yet been submitted and the petitioner is in custody for 50 days, we are of the opinion that further detention of the petitioner is not necessary and he may be granted bail.
As such, the petitioner, namely, Bikash Chandra Dutta, shall be released on bail to the satisfaction of the learned Additional Chief Judicial Magistrate, Alipurduar, upon execution of a bail bond of Rs. 10,000/- (Rupees ten thousand) only with two sureties of like amount, one of whom 2 must be local, on condition that the petitioner shall meet the Investigating Officer once in a week till completion of investigation.
The application for bail, thus, stands allowed.
( Subhro Kamal Mukherjee, J. ) ( Shib Sadhan Sadhu, J. )