An Application For Bail Under Section ... vs Unknown on 25 March, 2013

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Calcutta High Court (Appellete Side)

An Application For Bail Under Section ... vs Unknown on 25 March, 2013

In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 19.3.2013 in
connection with Thanarpara Police Station Case No.53/2012 dated 22.3.2012 under Sections 363/376G/120B/506 of
the Indian Penal Code.

In re:- Jakir Sk. & Anr. ... Petitioners.

Ms. Sreyashee Biswas,
Mr. Asraf Mandal ... For the petitioners.

Mr. Pradipta Ganguly ... For the State.

Heard the learned Counsel appearing on behalf of the parties.

The petitioners are seeking bail in connection with a case relating to the

offences punishable under Sections 363/376G/120B/506 of the Indian Penal

Code, which was registered vide Thanarpara Police Station Case No.53/2012

dated 22.3.2012.

It is submitted that the petitioners are in custody for 101 days.

Investigation is over and charge sheet has been submitted and out of six

chargesheeted accused persons, three are on statutory bail.

Now going through our order passed on January 30, 2013 we find while we

rejected the petitioner's prayer for bail going through the statement of the victim

recorded under Section 164 CrPC we found that except the allegation of

abduction and illegal confinement, there was no allegation of any sexual violation

and we rejected the prayer for bail on the ground that the accused absconded for

10 years.
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Today once again we have gone through the Case Diary and going through

the statement recorded under Section 164 of the Code of Criminal Procedure at

page 67 thereof, we find that there is nothing wrong in our earlier findings.

Let a xerox copy of this statement be taken on record.

Now having regard to the facts as aforesaid and when there is no case that

petitioner has any criminal antecedent we are of the opinion after his detention

for more than 100 days his prayer for bail may be considered favourably.

Let the petitioners be released on bail to the satisfaction of the learned

Additional Chief Judicial Magistrate, Tehatta, Nadia on furnishing bond of

Rs.30,000/- each with two sureties of Rs.15,000/- each, one of whom must be

local and on further condition that after release, they shall not enter into the

jurisdiction of Thanarpara Police Station except for the purpose of attending the

Court and shall inform the Officer-in-Charge of the concerned Police Station

where they shall reside after release and report to the concerned Police Station

thrice in every week until further orders.

The server copy of the earlier order passed on 30th January, 2013 rejecting

the petitioners' prayer for bail be taken on record.

The application for bail is, thus, disposed of.

( Ashim Kumar Roy, J. )

( Subal Baidya, J. )
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Calcutta High Court (Appellete Side)