Calcutta High Court (Appellete Side)
Radha Kanta Bala vs Unknown on 25 November, 2014
Author: Sudip Ahluwalia
Bench: Sudip Ahluwalia
1 249 25.11.2014
CRM 15637 of 2014 BD Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 7th November, 2014 in connection with Durgachak Police Station Case No. 60 of 2014 dated 29.03.2014 under Sections 363/365/366 of the Indian Penal Code subsequently Section 376 of the Indian Penal Code added.
In the matter of : Radha Kanta Bala ... Petitioner Mr. Tapan Dutta Gupta.
... For Petitioner.
Mr. Manjit Singh. Ld. P.P. Mr. Anand Keshri.
... For State.
The petitioner is seeking bail in connection with a case relating to Durgachak Police Station Case No. 60 of 2014 dated 29.03.2014 under Sections 363/365/366 of the Indian Penal Code subsequently Section 376 of the Indian Penal Code added.
Learned advocate of the petitioner submits that the said petitioner is in custody for last twenty-five (25) days.
Heard learned Public Prosecutor.
Considering the materials available in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and also considering the fact that the said victim refused to undergo medical examination and further considering the long detention of the petitioner for last twenty-five (25) days, we are of the opinion that further detention of the petitioner in this case is not necessary at this stage.
Therefore, the petitioner namely, Radha Kanta Bala, be released on bail upon furnishing a bail bond of Rs. 3,000/- Bail (Rupees Three Thousand only) with one surety of like amount, to the satisfaction of the learned Additional Chief Judicial Magistrate, Purba Medinipur at Haldia, subject to further condition that on being released on bail, the petitioner herein 2 will meet the investigating officer once in a month till the completion of the investigation.
The application for bail, thus, stands allowed.
(Pranab Kumar Chattopadhyay, J) (Sudip Ahluwalia, J)