Calcutta High Court (Appellete Side)
Maksedul Islam @ Md. Maksedul Mia vs Unknown on 22 November, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
22.11.11 CRM No. 10939 of 2011 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 14th November, 2011 in connection with Alipurduar P.S. Case No. 42/11 dated 31.01.11 under Sections 376/420 of the IPC.
And In the matter of:- Maksedul Islam @ Md. Maksedul Mia petitioner Mr. Amales Ray, Mr. Rakheswar Dey Sarkar for the petitioner Mrs. Sujata Das 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 376/420 of the I.P.C., which has been registered vide Alipurduar P.S. Case No. 42/11 dated 31.01.11.
The petitioner is in custody for about 130 days. He is aged about 30 years, while the victim lady is aged about 22 years.
We have gone through her statement recorded under Section 164 of the Code of Criminal Procedure as well as her medical report.
Considering the aforesaid materials on record and the fact that the investigation is over and charge sheet has been submitted, we do not find any necessity to detain the petitioner in custody.
Let the petitioner be released on bail to the satisfaction of the Learned Additional Chief Judicial 2 Magistrate, Alipurduar upon furnishing P.R. Bond of Rs. 10,000/- with two local surety of Rs. 5,000/- each and on condition that he shall not enter within the Sub-Division of Alipurduar until further order. He shall not tamper with the prosecution case or commit any offence while on bail.
The bail application is, thus, disposed of.
(Ashim Kumar Roy, J.) (Shukla Kabir (Sinha), J.)