Calcutta High Court (Appellete Side)
Explosive Substances Act And Section 3 ... vs In Re: Yasin Sk. @ Yasin Ali Sk. @ Babul Sk. ... on 4 December, 2017
1 04.12.17
Sl. No.92 akd [ALLOWED] C. R. M. 12028 of 2017 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 29.11.2017 in connection with Sankrail Police Station Case No. 1028 of 2016 dated 13.12.2016 under Sections 147/148/149/153A/153AA/238/427/436/325/326/ 307/295A/296/506/332/333/353/120B of the Indian Penal Code, Section 3/4 of the Explosive Substances Act and Section 3 of the PDPP Act.
And In Re: Yasin Sk. @ Yasin Ali Sk. @ Babul Sk. & Anr.
... ... Petitioners Mr. Ashok Das ... ... for the petitioners Mr. Atif Ahmed Siddiqui ... ... for the State The petitioners are seeking bail in connection with a case relating to offence punishable under Sections 147/148/149/153A/153AA/238/427/436/325/326/307/ 295A/296/506/332/333/353/120B of the Indian Penal Code, Section 3/4 of the Explosive Substances Act and Section 3 of the PDPP Act.
It is submitted on behalf of the petitioners that they are in custody for about 11 months and that co-accused persons are on bail.
Learned Counsel for the State opposes the prayer for bail and submits that a communal strife had broken out in the locality over the incident.
Having considered the materials in the case diary and bearing in mind the period of detention and the extent of complicity of the petitioners in the alleged crime and the fact that other co-accused persons are on bail, we are of the opinion that further detention of the accused/petitioners is not necessary in the facts of the present case. 2
Therefore, the accused/petitioners, namely (1) Yasin Sk. @ Yasin Ali Sk. @ Babul Sk. & (2) Jahangir Mallick @ Mintu Mallick, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah subject to condition that the said petitioners shall appear before the trial court on every date of hearing and on further condition that they shall not leave the jurisdiction of Sankrail Police Station without the express permission of the trial court except for attending court proceeding until further orders. They shall also furnish the addresses where they will presently reside to the trial court as well as the Investigating Officer of the case and shall not intimidate witnesses nor tamper with evidence in any manner whatsoever or commit similar offences in future.
In the event they fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court.
The application for bail, thus, stands allowed.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)