Calcutta High Court (Appellete Side)
Bachchu Sekh @ Bachchu Sk @ Sk vs Unknown on 10 November, 2017
1 28 10.11.20171 Aloke Court 28 C.R.M. 11130 of 2017 In Re : An application for bail under Section 439 of the Code of Criminal Procedure filed on 08.11.2017 in connection with Sankrail P.S. Case No. 1033/16 dated 14.12.2016 under Sections 147/148/149/186/295A/332/333/353/427/435/436/379/506/ 307/354 of the Indian Penal Code and Sections 25/27 of the Arms Act.
And In the matter of : Bachchu Sekh @ Bachchu Sk @ Sk Bachchu Mr. Sourav Chatterjee Mr. Avik Ghatak Allowed Mr. Indrajit Dey ... for the Petitioner Mr. Binay Panda Mr. Subham Bhakat ... for the State It is submitted on behalf of the petitioner that he is in custody for 330 days and it is submitted that further detention of the petitioner is not necessary in the facts of the case. It is further submitted that the communal tension has since subsided.
Learned counsel appearing for the State opposes the prayer for bail and submits that injuries were suffered by police personnel.
We have considered the materials on record and in view of the period of detention suffered by the petitioner and the fact that communal tension has since subsided, we are inclined in granting bail to the petitioner.
Accordingly, we direct that the petitioner shall be released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of like amount, one of whom shall be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah on condition that he shall meet the investigating officer once in a week until further orders and he 2 shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to appear before the trial court and fulfill the conditions as aforesaid, the trial court shall be at liberty to cancel his bail without further reference to this Court.
The application for bail is, accordingly, allowed. Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)