Calcutta High Court (Appellete Side)
Abdus Salam @ Durul @ Abdul vs The State Of West Bengal on 7 September, 2015
Author: Nishita Mhatre
Bench: Nishita Mhatre
1 58 07.09.2015 rpan Ct.No.17 CRM No. 7573 of 2015 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 18th August, 2015.
and In the matter of:- Abdus Salam @ Durul @ Abdul
-Petitioner Vs. The State of west Bengal
-Opposite Party Mr. Saikat Chatterjee ...for the Petitioner.
Mr. Ranadeb Sengupta ...for the State.
Leave to amend the cause title.
Amendment to be carried out forthwith. The Petitioner, being arrested in connection with Kaliachak Police Station Case No.163 of 2015 dated 29.03.2015 under Sections 363/366(A)/365 of the Indian Penal Code culminating to Sections 363/366A/365/376/109 of the Indian Penal Code read with Sections 4/ 8/ 12 of the POSCO Act, 2012, has filed this application for bail.
Learned advocate for the Petitioner submits that the element of kidnapping is totally wanting in the case and he prays for bail on such ground as well as on the ground of long detention of the Petitioner.
Learned advocate appearing for the State opposes the prayer for bail.
On perusal of the statement of the victim girl under Section 164 of the Code of Criminal Procedure, we are of the view that this is a fit case where the present Petitioner should be granted bail especially when the charge-sheet has been submitted.
Bail Accordingly, the Petitioner, Abdus Salam @ Durul @ Abdul be enlarged on bail upon furnishing a bond of `5,000/- (Rupees Five Thousand) with one surety of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Malda subject to the condition that on being released on bail he shall attend each date of hearing before the Trial Court. In the event he does not attend the Court on any date of hearing for 2 unjustifiable reasons, his bail will stand cancelled automatically without any further reference to this Court.
The application for bail is, thus, disposed of.
(Nishita Mhatre, J.) (Tapash Mookherjee, J.)