Calcutta High Court (Appellete Side)
Suraj Ray @ Suraj Roy @ Bibek vs Unknown on 25 February, 2019
1 25.02.2019
Ct.42 RP 43 CRM 2058 of 2019 In Re : An application for bail under Section 439 of the Code of Criminal Procedure in connection with Matigara Police Station Case No.10 of 2019 dated 05.01.2019 under Sections 417/376/323/506/34 IPC.
And In the matter of : Suraj Ray @ Suraj Roy @ Bibek .... Petitioner Mr. Sabir Ahmed, Adv.
Mr. Hillol Saha, Adv.
..... For the Petitioner Md. Anwar Hossain, Adv.
Ms. Benazir Hasna, Adv.
..... For the State This is an application for bail under Section 417/376/323/506/34 of the Indian Penal Code.
The Learned Advocate for the petitioner submits that the petitioner is in custody for 48 days and both the accused and victim are major and charge sheet has been submitted in connection with the instant case.
The learned lawyer for the State opposes the prayer for bail but, however, draws our attention to the statement of the victim recorded by the learned Judicial Magistrate. 2 We have perused the case diary and the materials on record. Considering the fact that both the accused and the victim are major and bearing in mind that the petitioner is in custody for 48 days, we are inclined to grant bail to him.
Accordingly, we direct that the petitioner shall be released on bail upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand only) with two sureties of like amount each, one of whom shall be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Siliguri on condition that he shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and he shall appear before the trial Court on every date of hearing.
In the event of violation of any of the above conditions, the learned Court below shall be at liberty to cancel the bail of the petitioner without further reference to this Court.
The prayer for bail of the petitioner is allowed and CRM 2058 of 2019 is thus disposed of.
Urgent Photostat certified copy of this order, if applied for, be delivered to the learned Advocates for the parties, upon compliance of all formalities.
(Tirthankar Ghosh, J.) (Md. Mumtaz Khan, J.) 3