Calcutta High Court (Appellete Side)
Sukur Ali vs Unknown on 15 March, 2013
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 15.03.2013
pk CRM No. 3816 of 2013 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.3.2013 in connection with Ghatal P.S. Case No. 76/12 dated 26.03.12 under Sections 302/201/34 of the Indian Penal Code.
And
In the matter of:- Sukur Ali Petitioner
Mr. Pravas Bhattacharya For the petitioner
Mrs. Amita Gaur for the State
Heard the Learned Counsel appearing on behalf of the parties.
Perused the case diary.
The petitioner is seeking bail in connection with a case relating to the offence punishable under Sections 302/201/34 of the Indian Penal Code, which was registered vide Ghatal P.S. Case No. 76/12 dated 26.03.12.
It is submitted that the petitioner is in custody for about 71 days. Investigation is over and charge sheet has been submitted.
We have gone through the case diary and find this is a case based on circumstantial evidence.
Considering the nature of the circumstance collected during the investigation and his period of detention in custody and when no case has been made out that if the petitioner is released on bail, he is likely to abscond and may tamper with the evidence, we allow his prayer for bail.
Let the petitioner be released on bail to the satisfaction of the Learned Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur upon furnishing Bond of Rs. 10,000/- with two sureties of Rs. 5,000/- each, one of whom must be local.
The application for bail is, thus, disposed of.
2(Ashim Kumar Roy, J.) (Subal Baidya, J.)