Calcutta High Court (Appellete Side)
The Indian Penal Code vs In Re : Parimal Mahato on 30 October, 2017
1 30.10.2017104
sdas Allowed C.R.M. 9493 of 2017 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.09.2017 in connection with Arsha Police Station Case No. 96 of 2017 dated 03.08.2017 under Sections 448/376 of the Indian Penal Code.
And
In Re : Parimal Mahato ..... petitioner
Mr. Abhra Mukherjee,
Mr. Sauradeep Dutta
.....for the petitioner
Mr. Bidyut Kumar Roy,
Ms. Rita Datta
....for the State
Heard the learned Counsel appearing for the parties. It is submitted by the learned Counsel appearing for the petitioner that he is in custody for 88 days and it is also submitted that the statement of the victim girl suffers from patent improbabilities.
Learned Counsel appearing for the State opposes the prayer for bail of the petitioner and submits that the case has been committed for trial.
Having considered the materials on record we find that the victim girl in her statement had stated that she had been ravished earlier but had not reported the said incident. However, on the fateful day her husband had arrived at the spot and thereafter she lodged the F.I.R. In the aforesaid factual matrix of the case and bearing in mind the period of 2 detention and the fact that the investigation is complete, we are inclined to grant bail to the petitioner.
Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate at Purulia, and on further condition that the petitioner shall appear before the Trial Court at every date of hearing and shall not tamper with evidence or intimidate witnesses in any manner whatsoever. In the event the petitioner fails to appear before the Trial Court, without any justifiable cause, the said Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
This application for bail is, thus, allowed.
(Moushumi Bhattacharya, J.) (Joymalya Bagchi, J.)