Calcutta High Court (Appellete Side)
Tapabrata Barik And Others vs Unknown on 18 August, 2014
Author: Sudip Ahluwalia
Bench: Sudip Ahluwalia
1 S/L. 70.
August 18, 2014. C.R.M. No. 8674 of 2014 MNS.
In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on July 25, 2014 in connection with Durgachak Police Station Case No. 97 of 2014 dated June 6, 2014 under Sections 147/148/395/397/307/427 of the Indian Penal Code, 1860 read with Sections 25/27 of the Arms Act and Section 9B(b) of the Indian Explosives Act.
And In the matter of: Tapabrata Barik and others ...Petitioners.
Mr. Rana Mukherjee, Mr. Sachish Chandra Baksi ...for the petitioners.
Mr. Atif Ahmed Siddiqui ...for the State.
ranted Heard the learned advocate for the petitioners and the learned advocate for the State.
The petitioners are seeking bail in connection with a case relating to offences punishable under Sections 147/148/395/397/307/427 of the Indian Penal Code, 1860 read with Sections 25/27 of the Arms Act and Section 9B(b) of the Indian Explosives Act.
The learned advocate representing the petitioners submits that the petitioners are in custody for 70 days. The learned advocate for the petitioners also submits that the petitioner no. 1 is a student. The learned advocate for the petitioners further submits that the chargesheet has not been submitted.
The aforesaid submissions of the learned advocate for the petitioners are not disputed by the learned advocate for the State.
Having heard the learned advocate for the petitioners and the learned advocate for the State and considering the materials available in the case diary and also considering the fact that the petitioners are in custody for 70 days, we are of the opinion that further detention of the accused/petitioners is not necessary.
Therefore, the accused/petitioner no. 1, namely, Tapabrata Barik, the petitioner no. 2, namely, Bubai Mondal, and the petitioner no. 3, namely, Subhendu Bhunia, be 2 released on bail upon furnishing a bond of Rs.5,000/- (Rupees five thousand) only each with one local surety of like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate at Haldia, District- Purba Midnapore, subject to the condition that the accused/petitioners shall meet the Investigating Officer once in a week till completion of the investigation.
The application for bail is, thus, allowed.
(Pranab Kumar Chattopadhyay, J.) (Sudip Ahluwalia, J.)