Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs In Re: Noor Islam Ali Sekh Alias Nur Islam ... on 12 June, 2012
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 41&42 12.06.2012
sm C.R.M.9062 of 2012 & C.R.M.No.9064 of 2012 In the matter of an application for bail under Section 439 of the Criminal Procedure Code, 1973 filed on 04.06.2012 in connection with Alipurduar Police Station Case No.134 of 2012 dated 20.03.2012 under sections 435/34 of the Indian Penal Code and an application under section 439 of the Criminal Procedure Code, 1973 filed on 04.06.2012 in connection Alipurduar Police Station Case No.134 of 2012 dated 20.03.2012 under sections 435/34 of the Indian Penal Code.
And In Re: Noor Islam Ali Sekh alias Nur Islam Ali alias Noor Islam Sekh. ... Petitioner (C.R.M.9064 of 2012).
And
In Re: Basanta Raha ... Petitioner (C.R.M.9062 of 2012)
Ms.Mousumi Bhowal. .. for the petitioner
Ms.Sonali Das. .. for the State.
Since both the applications are arising out of self-same First Information Report, the same are taken up for hearing together. Heard the learned Counsel appearing on behalf of the parties. Perused the case diary.
The petitioners are seeking bail in connection with a case relating to the offences punishable under Sections 435/34 of the 2 Indian Penal Code which was registered vide Alipurduar Police Station Case No.134 of 2012.
In C.R.M.No.9062 of 2012, the petitioner is in custody for 83 days and in C.R.M.No.9064 of 2012, the petitioner is in custody for 49 days.
We have gone through the case diary and having regard to the nature of allegations and the materials collected in support of the same and considering their extent of involvement in the commission of offence and when no apprehension has been disclosed from the side of the State that if the petitioners are released on bail they are likely to abscond, the prayer for bail is allowed.
Let the petitioners be released on bail to the satisfaction of the learned Additional Chief Judicial Magistrate, Alipurduar on a bond of Rs.5000/- each with one surety of the like amount and on further condition they shall meet the Investigation Officer of the case once in a week and shall not tamper with the prosecution case and shall not commit any offence while on bail. The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.) (Toufique Uddin, J.) 3