Calcutta High Court (Appellete Side)
Rakesh Ali vs Unknown on 17 November, 2014
Author: Sudip Ahluwalia
Bench: Sudip Ahluwalia
1 28 17.11.2014
CRM 14575 of 2014 BD Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 9th October, 2014 in connection with Ranaghat Police Station Case No. 291/2014 dated 08.09.2014 under Section 498(B)/489(C) of the Indian Penal Code.
In the matter of : Rakesh Ali ... Petitioner Mr. Sekhar Basu, Mr. Rajdeep Majumder, Mr. Diptangshu Basu.
... For Petitioner.
Mr. Md. Kutubuddin.
... For State.
The petitioner is seeking bail in connection with a case relating Ranaghat Police Station Case No. 291/2014 dated 08.09.2014 under Section 498(B)/489(C) of the Indian Penal Code.
Learned advocate of the petitioner submits that the said petitioner is in custody for last sixty-eight (68) days.
Learned advocate of the petitioner further submits that the petitioner has been falsely implicated in the criminal case since the police officers attached to the Ranaghat police Station are hostile towards the petitioner herein.
Learned advocate of the petitioner further submits that although the petitioner was arrested from his residence at Bidhan Nagar area, the said petitioner was shown arrested within the territorial jurisdiction of Ranaghat police station area by making a false allegation against the petitioner herein.
Learned advocate of the petitioner also submits that allegedly few fake currency notes have been seized from the possession of the petitioner although it has not been alleged that any fake currency note was actually used by the said petitioner.
Bail Learned advocate of the State opposes the prayer for bail made on behalf of the petitioner herein.
Having considered the materials available in the case diary and also considering the fact that the petitioner is in custody for last sixty-eight (68) 2 days and specially considering the fact that suo motu an F.I.R. has been lodged by the local police station even though identity of the complainant has been disclosed in the F.I.R. and further considering the fact that allegedly few fake currency notes have been seized from the possession of the petitioner although the same was not actually used by the said petitioner, we are of the opinion that further detention of the petitioner in this case is not necessary at this stage.
Therefore, the petitioner, namely Rakesh Ali, be released on bail upon furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Nadia at Ranaghat and subject to further condition that the petitioner will meet the investigating officer once in a fortnight till the completion of the investigation.
The application for bail, thus, stands allowed.
(Pranab Kumar Chattopadhyay, J) (Sudip Ahluwalia, J)