Calcutta High Court (Appellete Side)
Indian Penal Code vs Allowed on 20 December, 2017
1 20.12.2017
tkm/ct 28 C.R.M. 10199 of 2017 sl no. 83
In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 25.9.2017 in connection with Beliaghata P.S case no. 344/16 dated 19.9.2016 under section 376/328/354B/354C/417/344/323/324/406/379/506/114 of the Indian Penal Code, And Allowed In Re : Dibakar Dey @ Dr. Dibakar Dey ...... petitioner Mr. D.C. Kabir Mr. Prasenjit Sarkar ...... for the petitioner Mr. Anwar Hossain ...... for the State Heard the learned advocates appearing for the petitioner and the State.
Petitioner is in custody for one year and one month and it is submitted on behalf of the petitioner that the victim who is a major had cohabited voluntarily with him and the ingredients of the alleged offences are not disclosed.
Learned lawyer for the State opposes the prayer for bail and submits that a minor child was born from such association.
In view of the aforesaid facts and bearing in mind the nature of allegations and the fact that trial has not commenced as yet and the period of detention suffered by the petitioner, we are inclined in granting bail to the petitioner.
Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like 2 amount each, one of whom must be local to the satisfaction of the learned ACJM, Sealdah on condition that the petitioner shall appear before the trial court on every date of hearing until further orders and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
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 being CRM 10199 of 2017 is disposed of. (Rajarshi Bhardwaj, J.) (Joymalya Bagchi, J.)