An Application For Bail Under Section ... vs Gokul Das on 27 January, 2014

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Calcutta High Court (Appellete Side)

An Application For Bail Under Section ... vs Gokul Das on 27 January, 2014

40. January C.R.M. 812 of 2014 27, 2014 In the matter of : An application for bail under Section 439 of the Code of Criminal Procedure filed on January 15, 2014 in connection with Nandigram Police Station Case No. 349 of 2013 dated November 5, 2013 under Sections 495/498A/307/379/376B of the Indian Penal Code;


                                                                       And

                 In the matter of : Gokul Das                                                      ...petitioner.

                                                    Versus

                                          State of West Bengal                                     ...opposite party.

                                          Mr. Navanil De,
                                          Mr. Sk. Samiul Haque,
                                                ...for the petitioner.

                                          Ms. Sonali Das,
                                                ...for the State.

This is an application under Section 439 of the Code of Criminal Procedure praying for release on bail in connection with Nandigram Police Station Case No. 349 of 2013 dated November 5, 2013 relating to an offence punishable under Sections 495/498A/307/376B/379 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 sixty five (65) days and that further detention of the petitioner is not necessary.

Having considered the materials in the case diary, particularly, the statement of the victim lady recorded under Section 164 of the Code of Criminal Procedure and in view of the fact that investigation in the instant case is complete, we are of the view that further detention of the petitioner is not necessary and he may be granted bail, but his movement is to be restricted.

Accordingly, the petitioner, namely, Gokul Das, shall be released on bail to the satisfaction of the learned Additional Chief Judicial Magistrate at Haldia, Purba Medinipur, upon execution of a bail bond of Rs. 5,000/- (Rupees five thousand) only with one surety of like amount, on condition that the petitioner shall not enter the jurisdiction of Nandigram Police Station without the leave of the trial court and he shall intimate the officer in-charge of the said police station the address, where he would be residing while on bail.

The application for bail, thus, stands allowed.

( Subhro Kamal Mukherjee, J. ) dns ( R. K. Bag, J. )

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Calcutta High Court (Appellete Side)