Calcutta High Court (Appellete Side)
In Re:- Rakesh Tanti vs Re: An Application For Bail Under ... on 13 June, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 38 13.6.2017
C.R.M. No.5182 of 2017 p.d.
In re:- Rakesh Tanti .... Petitioner.
-And-
Re: An application for bail under Section 439 Cr.P.C. affirmed on 7.6.2017 in connection with Haringhata Police Station Case No.347/2016 dated 27.9.2016 under Section 376/417/306 of the Indian Penal Code.
Mr. Angshuman Chakraborty, Mr. S.S. Saha ... For the petitioner.
Mr.Saryati Dutta .... For the State.
Heard the learned Advocates appearing on behalf of the parties. Perused the case diary.
The petitioner is in custody for 240 days and although charge has been framed but the trial has not been commenced.
It is an admitted position that the petitioner's prayer for bail was earlier rejected by a Co-ordinate Bench of this Court on merit and the Lawyer, who is now representing the State, was the Lawyer also appeared on behalf of the State. Today, he in his usual fairness, submits that on earlier occasion, by mistake, he submitted that after a promise to marry, the petitioner took the nude photographs of the victim girl and posted the same in the facebook but now, it is found that such statement was not correct.
Having regard to above and when no case is made out from the side of the State showing that further custodial detention of the 2 petitioner is necessary and if he is released on bail, he is likely to abscond, we allow his prayer for bail.
Let the petitioner be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Ashis Kumar Chakraborty, J. )