Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Unknown on 17 May, 2013
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 5.2013..
C.R.M. 7123 of 2013.
aks In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 14.05.2013 in connection with Nowda P.S. Case No. 48 of 2013 dated 22.02.2013 under Sections 376(g)/379 of the Indian Penal Code In the matter of : Md. Kutubuddin ..Petitioner.
Ms. Sreyashee Biswas ... for the petitioner
Mr. Sanjoy Bardhan ... for the State.
Heard the learned Counsels appearing on behalf of the parties. Perused the case diary.
The petitioner is seeking bail in connection with a case relating to the offences punishable under Sections 376(g)/379 of the Indian Penal Code which was registered vide Nowda P.S. Case No. 48 of 2013.
It is submitted that the petitioner is in custody for 80 days.
We earlier rejected the petitioner's prayer for bail when he was in custody for 39 days. Thereafter, we do not find any progress in the investigation. Now, going through the case diary and the materials collected during investigation, we find that the petitioner was the former husband of the victim housewife and after giving Talak to her, taking advantage of the fact that she was alone, the petitioner committed rape upon her. This is a case where the F.I.R. has been registered pursuant to an order passed under Section 156(3) of the Code of Criminal Procedure on a complaint made to the court nearly 12 days after the alleged incident. Our attention has been drawn by the learned Counsel for the State to the medical examination report of the victim at page 28 of the case diary wherefrom we find that the injury was nil, labia minor and labia majora - normal, hymen - normal.
Having regard to the aforesaid materials on record more particularly the finding of doctor as to the nature of injuries and the further fact that the learned counsel for the State expressed his inability to tell us whether charge sheet will be submitted within the statutory period or not, we allow the petitioner's prayer for bail.
Let the petitioner be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Murshidabad, upon furnishing a Bond of Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom must be local. He shall not also tamper with the prosecution case or commit any offence, while on bail.
2The application for bail is, thus, disposed of.
( Ashim Kumar Roy, J.) ( Subal Baidya, J. )