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Calcutta High Court (Appellete Side)

An Application For Bail Under Section ... vs Bablu Dome & Ors. - on 2 May, 2011

Author: Ashim Kumar Roy

Bench: Ashim Kumar Roy

   29.
02-05-11

CRM No. 3094 of 2011 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 4.4.11 in connection with Kankartala P.S. Case No. 16/10 dated 7.4.2010 under Sections 147/148/149/323/324/326/307/506/436/448/ 427/379 of the Indian Penal Code read with Section 9B(ii) of the Indian Explosive Act and Sections 25/27 of the Arms Act.

And In the matter of : Bablu Dome & Ors. - petitioners Mr. Navanil De ... for the petitioners Mr. Samir Chatterjee ... for the State Heard the learned Counsel appearing for the petitioners as well as the learned Counsel appearing for the State.

The petitioners are seeking bail in connection with a case relating to the offences punishable under Sections 147/148/149/323/324/326/307/506/436/448/427/379 of the Indian Penal Code read with Section 9B(ii) of the Indian Explosives Act and Sections 25/27 of the Arms Act which was registered vide Kankartala P.S. Case No. 16/2010.

The petitioners are in jail nearly for about 63 days. It is an admitted position that out of total 45 accused persons, 23 co-accused have been granted anticipatory bail by this court.

Now having gone through the case papers, we find the present petitioners are also similarly placed with those persons who have been enlarged on anticipatory bail.

Accordingly, we find no reason to detain the petitioners in custody for any further. The prayer for bail is allowed. 2 Let the petitioners be released on bail upon furnishing P.R. Bond of Rs. 10,000/- each with one surety of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Birbhum. They shall not tamper with the prosecution case and shall not commit any offence while on bail.

The application for bail is, thus, disposed of.

(J. N. Patel, Chief Justice.) (Ashim Kumar Roy, J.)