Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Naresh Kumar Pandit on 22 October, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
1 .10.14 CRM No. 14353 OF 2014 m 16 ---------
M+PK t. 8 In the matter of: An application for bail under section 439 of the Code of Criminal Procedure filed on 09.10.2014 in connection with Bhaktinagar P.S. Case No. 226 of 2014 dated 12.2.2014 under section 302 of the Indian Penal Code and sections 25(1)(a)/27 of the Arms Act.
And In the matter of: Naresh Kumar Pandit ..Petitioner.
Mr. Sekhar Sengupta ..For the Petitioner.
Mr. Neguive Ahmed Mr. Mirza Firoz Ahmed Begg.
...For the State.
The petitioner, in custody for 107 days in connection with investigation of Bhaktinagar P.S. F.I.R. No. 226 of 2014 dated 12.2.2014 under section 302 of the Indian Penal Code and sections 25(1)(a)/27 of the Arms Act, seeks an order for release on bail by presenting this application under Section 439 of the Code of Criminal Procedure, 1973 (hereafter the Cr. P.C.).
We have heard learned advocates for the parties and perused the materials in the case diary. It is not in dispute that the principal accused persons have already been granted bail and nothing substantial has been recovered from the possession of the petitioner.
Considering the extent of complicity of the petitioner in the alleged offence and the period of detention suffered so far coupled with the fact that the police report under Section 173 (2) of the Cr. P.C. has already been filed, we are of the considered view that the petitioner is entitled to be released on bail.
Let the petitioner be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri upon furnishing a bail bond of Rs.5000/- with one surety of like amount.
owed The application for bail is, thus, allowed.
(Dipankar Datta, J.) (Ashis Kumar Chakraborty, J.) 1 2 2