Calcutta High Court (Appellete Side)
Abdul Halim Gazi @ Halim vs Unknown on 20 March, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 20.03.201720
pk CRM No. 2137 of 2017 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.03.2017 in connection with Basirhat P.S. Case No. 1528/16 dated 24.12.16 under Section 376 of the Indian Penal Code.
And
In the matter of: Abdul Halim Gazi @ Halim petitioner
Mr. Kallol Kumar Basu,
Mr. Rahul Halder for the petitioner
Mr. Saswata Gopal Mukherjee, Ld. P.P.,
Mrs. Amrita Gour for the State
Heard the Learned Counsel appearing on behalf of the parties. Perused the case diary.
The petitioner is in custody for 92 days. Investigation is over and charge sheet has been submitted.
The learned counsel for the petitioner contended this is out and out a false case. He further submits that the victim is a co-tenant of his client and due to some long-standing rivalry between the two families, he has been falsely implicated in the case 24 days after the alleged incident. He further contends the story is otherwise and on that day there was some altercation between the parties and nothing more and nothing else.
We have gone through the case diary.
Considering the materials collected during the investigation and the petitioner's length of detention in custody and the fact that investigation is over and charge sheet has been submitted and when no case is made out that if he is 2 released on bail he is likely to abscond even after submission of the charge sheet, we allow the prayer for bail.
Let the petitioner be released on bail to the satisfaction of the Learned Additional Chief Judicial Magistrate, Basirhat, North 24-Parganas upon furnishing a bond of Rs. 10,000/- with two sureties of Rs. 5,000/- each, one of whom must be local and on further condition that after being released he shall meet the Officer-in-Charge of Basirhat police station twice in a week until further order.
The application for bail is thus disposed of.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)