Calcutta High Court (Appellete Side)
Biswajit Nandy @ Fuchin vs Unknown on 15 July, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
86 15.07.2011 C.R.M. 5843 of 2011 Sd
Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 5th July, 2011 in connection with Jagacha P.S. Case No. 456/10 dated 08.11.20101 under Section 302/201/34 of the Indian Penal Code and Section 25/27 of Arms Act.
And In the matter of : Biswajit Nandy @ Fuchin.
.... Petitioner (in Jail).
Mr. Amitava Karmakar, Ms. Koyeli Bhattacharyya.
....For the Petitioner.
Mr. Subhasree Patel.
....For the State.
Heard learned counsel for the petitioner as well as the learned counsel appearing on behalf of the State. Perused the case diary.
The petitioner is seeking bail in connection with a case relating to offence punishable under Section 302/201/34 of the Indian Penal Code and Section 25/27 of Arms Act.
The present petitioner is in custody for 243 days. Although the case has been committed, no charge has been framed. Our attention has been drawn to the statement of two eye witnesses recorded under Section 164 of the Code of Criminal Procedure. From such statements the petitioner's direct involvement in the commission of the offence does not appear to have been made out. Accordingly, the petitioner's prayer for bail is allowed.
Let the accused/petitioner be released on bail upon furnishing P.R. Bond of Rs. 10,000/- with one surety of like amount to the satisfaction of Chief Judicial Magistrate, Howrah, and on condition that he shall not tamper with the prosecution case and shall not commit any offence while on bail.
The application for bail accordingly stands disposed of.
(ASHIM KUMAR ROY, J.) (PRABHAT KUMAR DEY, J.)