Calcutta High Court (Appellete Side)
9.08.2017 Under Sections 493/376 Of The ... vs In Re: Ysarul Sekh on 15 November, 2017
1 15.11.17
Sl. No.18 akd [ALLOWED] C. R. M. 11265 of 2017 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.11.2017 in connection with Kandi Police Station Case No. 685 of 2017 dated 19.08.2017 under Sections 493/376 of the Indian Penal Code. (G.R. Case No. 1539/2017) And In Re: Ysarul Sekh ... ... Petitioner Mrs. Ayantika Roy ... ... for the petitioner Mr. Angshuman Chakraborty ... ... for the State The petitioner is seeking bail in connection with a case relating to an offence punishable under Sections 493/376 of the Indian Penal Code.
It is submitted on behalf of the petitioner that he is in custody for about 41 days and further detention is not necessary in the facts of the present case.
Learned Counsel for the State produces the case diary and opposes the prayer for bail.
Having considered the materials in the case diary including the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, who is a major lady, and in the light of the attending facts and circumstances of the case and the period of detention suffered by the petitioner, we are of the opinion that further detention of the accused/petitioner is not necessary.
Therefore, the accused/petitioner, namely Ysarul Sekh, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of 2 like amount, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Kandi, Murshidabad subject to condition that the said petitioner shall meet the Investigating Officer once in a week until further orders and shall not intimidate witnesses nor tamper with evidence in any manner whatsoever.
The application for bail, thus, stands allowed. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)