Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Abbusuddin Mallick on 27 January, 2014
Author: R. K. Bag
Bench: R. K. Bag
1
44. January C.R.M. 821 of 2014 27, 2014 Bpg.
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 Chakdah Police Station Case No. 622 dated September 18, 2013 under Sections 363/365 of the Indian penal Code and charge- sheet submitted under Sections 363/365/376 of the Indian Penal Code;
And In the matter of : Abbusuddin Mallick.
...petitioner.
Versus State of West Bengal ...opposite party.
Mr. Navnil De, Sk. Samiul Haque.
...for the petitioner.
Mr. Manjit Singh, Mr. Pawan Kumar Gupta.
...for the State.
This is an application under Section 439 of the Code of Criminal Procedure praying for release on bail in connection with Chakdah Police Station Case No. 622 dated September 18, 2013 relating to an offence punishable under Sections 363/365 of the Indian Penal Code and charge- sheet has been submitted under Sections 363/365/376 of the Indian Penal Code.
We have heard the learned advocates appearing for the parties and perused the case diary.
On consideration of the fact that the petitioner is in custody since September 24, 2013 and on consideration of the materials available in case diary in general and the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure in particular and in view of the fact that investigation in the instant case is complete, we are inclined to grant bail to the petitioner, as we are of the view that further detention of the petitioner is not necessary in the facts of the instant case.
As such, the petitioner, namely, Abbusuddin Mallick, shall be released on bail 2 to the satisfaction of the learned Additional Chief Judicial Magistrate at Kalyani, Nadia, upon execution of a bail bond of Rs. 5,000/- (Rupees five thousand) only with one surety of like amount.
The application for bail, thus, stands allowed.
( Subhro Kamal Mukherjee, J. ) ( R. K. Bag, J. )