Calcutta High Court (Appellete Side)
406/209/420/120B Of The Indian Penal ... vs In Re : Mahesh Jain on 29 March, 2018
1
29.03.2018
147
sdas
Allowed
C.R.M. 1680 of 2018
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 15.03.2018 in connection with Kaliyaganj
Police Station Case No. 270 of 2017 dated 09.11.2017 under Sections
406/209/420/120B of the Indian Penal Code.
And
In Re : Mahesh Jain ...... Petitioner
Mr. Poonam Chand Jain,
Ms. Basanta Bai Jain
...... For the Petitioner
Inspector-in-Charge (Kaliyaganj Police Station) ...... For the State Inadvertent typographical error had crept into the order dated 26.03.2018.
In the first paragraph of the order dated 26.03.2018, the words 'Mr. Basanta Bain, a relation of the petitioner along with his mother, Mrs. Poonam Chand Jain are present in person' be read as 'Ms. Basanta Bai Jain, mother of the petitioner along with a relation of the petitioner namely, Mr. Poonam Chand Jain are present in person'.
Other portions of the order shall remain the same. Heard the parties including Inspector-in-charge, Kaliyaganj Police Station.
Perused the records and the Case Diary.
Having considered the materials on record and in keeping in mind that one of the accused viz., Akshat Ojha @ Aksat Oza has been 2 granted bail by an order dated 13.02.2018 and having regard to the nature of the offences alleged and the fact that the charge sheet has been filed on 16.3.2018 and investigation is complete, we are of the opinion that the petitioner should be granted bail, however, subject to the conditions mentioned herein.
Accordingly, we direct that the petitioner shall be released on bail upon furnishing bond of Rs.10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Uttar Dinajpur on condition that he shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever with further condition that he shall meet the Officer-in- charge of the concerned Police Station once in a week until further orders. He shall also appear before the trial court on every date of hearing and in the event he fails to do so, the trial court shall be at liberty to cancel his bail without further reference to this Court.
The application for bail is, accordingly, allowed. Let urgent xerox certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)