Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Dilip Das on 21 April, 2014
Author: Shib Sadhan Sadhu
Bench: Shib Sadhan Sadhu
1 Cl. April 21, C.R.M. 4714 of 2014
396. 2014 In the matter of : An application for bail under Section 439 of the Code of Criminal Procedure filed on March 28, 2014 in connection with Alipurduar Police Station Case No. 96 of 2013 dated March 9, 2013 under Sections 376/511 of the Indian Penal Code;
And
In the matter of : Dilip Das ...petitioner.
Versus
State of West Bengal ...opposite party.
Mr. Abir Ranjan Neogi,
...for the petitioner.
Mr. Suman De,
...for the State.
This is an application under Section 439 of the Code of Criminal Procedure praying for release on bail in connection with Alipurduar Police Station Case No. 96 of 2013 dated March 9, 2013 relating to an offence punishable under Sections 376/511 of the Indian Penal Code.
We have heard the learned advocates appearing for the parties and perused the case diary.
It is submitted on behalf of the petitioner that the petitioner is in custody for one hundred eight (108) days and that further detention of the petitioner is not necessary.
Having considered the materials in the case diary, particularly, in view of the fact that investigation in the instant case is complete and bearing in mind the period of detention already suffered by the petitioner, we are of the 2 considered opinion that further detention of the petitioner is not necessary and he may be released on bail, but his movement should be restricted.
Accordingly, the petitioner, namely, Dilip Das, shall be released on bail to the satisfaction of the learned Additional Chief Judicial Magistrate at Alipurduar, Jalpaiguri, upon execution of a bail bond of Rs. 5,000/- (Rupees five thousand) only with two sureties of like amount
- one of whom must be local, subject to the condition that the petitioner shall not enter the territorial jurisdiction of Alipurduar police station without the leave of the trial court except for the purpose of attending the court, where he shall remain present on each and every date of hearing unless prevented by sufficient cause and on further condition that he shall intimate the officer in-charge of the said police station the address, where he would be residing while on bail.
The application for bail, thus, stands allowed.
dns ( Subhro Kamal Mukherjee, J. ) ( Shib Sadhan Sadhu, J. )