Calcutta High Court (Appellete Side)
Applications For Bail Under Section 439 ... vs In Re : Sk. Bobby @ Rahis Bobby on 4 April, 2012
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 4-04-12
C.R.M. No. 5581 of 2012 With C.R.M. No. 5677 of 2012 In the matter of applications for bail under Section 439 of the Code of Criminal Procedure filed on 30th March, 2012 and 23rd March, 2012 in connection with Beniapukur P.S. Case No. 294 of 2011 dated 13-10-2011 under Sections 307 of the Indian Penal Code.
And
In re : Sk. Bobby @ Rahis Bobby. ... Petitioner.
Mrs. Rupa Bandyopadhyay,
Mr. Md. Musharrof Hossain. ... for the petitioner.
(in CRM No. 5581/2012)
Mr. Syed Shahid Imam,
Mr. Modassar Alam. ... for the petitioner
(in CRM No. 5677/2012)
Ms. Amita Gaur. ... for the State
(in CRM No. 5581/2012)
Ms. Faria Hossain. ... for the State
(in CRM No. 5677/2012)
Heard the learned Counsel appearing on behalf of the parties. Perused the case diary. The petitioner is seeking bail in connection with a case relating to the offences punishable under Sections 307 of the Indian Penal Code which has been registered vide Beniapukur P.S. Case No. 294 of 2011.
Over the self-same case two applications for bail has been filed at the behest of the petitioner, Sk. Bobby @ Rahis Bobby. While one was registered as CRM No. 5581 of 2012 and another is as CRM No. 5677 of 2012. Learned Counsel in both the matters are present in Court.
So far as second application for bail being CRM No. 5677 of 2012 is concerned, learned Advocate-on-record is present in Court and submitted that he is not pressing the application for bail filed by him and accordingly, the same stands rejected as not pressed.
Now the CRM No. 5581 of 2012 is taken up for hearing.
This is a case where the petitioner is in custody for 115 days. Investigation is over and charge-sheet has been submitted.
We have gone through the case diary and considering the nature of the allegations and the materials collected in support of the same. We find that this is a case where in course of some quarrels between the cousins, the victim was assaulted. Investigation is over and charge-sheet has been submitted and no apprehension has been disclosed from the side of the State that if the petitioner is released on bail, he is likely to abscond, prayer for bail is allowed.
Let the petitioner be released on bail to the satisfaction of the learned Additional Chief Judicial Magistrate, Sealdah, upon furnishing a P.R. Bond of Rs. 5000/- with one surety of the like amount and on condition that after his release, he shall report to the Investigating Officer of this case once in every 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.
2(Ashim Kumar Roy, J.) (Asim Kumar Ray, J.)