Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Tapas Mondal - on 27 June, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
32. 27-06-11
CRM No. 4876 of 2011 In the matter of an application for bail under Section 439 of the Code of Criminal Procedure filed on 15.06.2011 in connection with Nanoor P.S. Case No. 19 of 2011 dated 25.4.2011 under Sections 147/148/149/323/324/325/326 /307/379/436/302/506 of the Indian Penal Code, Sections 25/27 of the Arms Act and Section 9(b)(ii) of the Indian Explosives Act.
And In the matter of : Tapas Mondal - petitioner Mr. Sanjib Kumar Dan ... for the petitioner Mr. Asis Chakraborty ... for the State Heard the learned Counsel appearing for the parties. Perused the case papers.
The petitioner is seeking bail in connection with a case relating to the offences punishable under Sections 147/148/149/323/324/325/326/307/379/436/302/506 of the Indian Penal Code and Sections 25/27 of the Arms Act and Section 9(b)(ii) of the Indian Explosives Act, registered vide Nanoor P.S. Case No. 19/2011 dated 25.04.2011.
This is a case where on the day before the date of last Assembly Election the members of a particular political party attacked the rival party and at the time of occurrence, they raided the village and started firing and hurling bombs indiscriminately and also several houses were looted and set on fire. In the said incident one person was killed. We find that at least four eye witnesses mentioned the name of the petitioner as one of the participants present in the unlawful assembly.
Considering the nature of allegations, the prayer for bail is rejected. 2 (J. N. Patel, Chief Justice.) (Ashim Kumar Roy, J.)