Calcutta High Court (Appellete Side)
And Section 3 Of Pdpp Act. [G.R. Case No. ... vs In Re: Sk. Safikul on 19 September, 2018
1 19.09.18
Sl. No.39 akd [ALLOWED] C. R. M. 7708 of 2018 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 12.09.2018 in connection with Chanchal Police Station Case No. 269 of 2018 dated 15.05.2018 under Sections 143/448/325/326/307 of the Indian Penal Code read with Sections 25(1)(a)/27 of the Arms Act and Sections 3/4 of the Explosive Substances Act and Section 3 of PDPP Act. [G.R. Case No. 1101 of 2018] And In Re: Sk. Safikul ... ... Petitioner Mr. Kallol Mondal .. Advocate Mr. Musharraf Alam Sk. .. Advocate Mr. Krishan Ray .. Advocate Ms. Amrita Chel .. Advocate ... ... for the petitioner Mr. Sanjay Bardhan .. Advocate Mr. Saryati Datta .. Advocate ... ... for the State The petitioner is seeking bail in connection with a case relating to offences punishable under Sections 143/448/325/326/307 of the Indian Penal Code read with Sections 25(1)(a)/27 of the Arms Act and Sections 3/4 of the Explosive Substances Act and Section 3 of PDPP Act.
It is submitted on behalf of the petitioner that he is in custody for about 76 days and that he has been falsely implicated in the instant case.
Learned Counsel for the State produces the case diary and opposes the prayer for bail.
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Having considered the materials on record and bearing in mind the nature of allegations and in view of 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 Sk. Safikul, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Chanchal, Malda subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that he shall meet the Investigating Officer once in a week until further orders.
In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application for bail, thus, stands allowed. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)