The Calcutta High Court granted bail to the petitioner in an IPC case involving sections relating to molestation and forgery, holding that further custodial interrogation was not necessary.
Petitioner enlarged on bail of Rs. 10,000 with two sureties of like amount, one local, conditioned not to tamper with evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT AT CALCUTTA
09-10-2020 k.b/b.r. Item no.23 Bail allowed
Criminal Miscellaneous Jurisdiction
C.R.M 7529 of 2020 Khos Mohammad Sk
-vs-
The State of West Bengal With CRAN 1 of 2020 (Via video conference)
In Re : An application for bail under Section 439 Cr.P.C in connection with Kaliganj P.S. Case No. 357 of 2020 dated 05.08.2020 under Sections 447/324/325/509/354/34 of the Indian Penal Code.
Mr. Manas Kumar Das …for the petitioner.
Mr. P.K. Datta Mr. Santanu Deb Roy … for the State.
The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking. Accordingly, CRAN No.1 of 2020 is disposed of.
Learned Counsel appearing for the petitioner submits that there have been allegations and counter allegations between the petitioner and the de facto complainant. Cases and counter cases have been lodged by the parties against each other. The present case, being Kaliganj PS Case No. 357 of 2020, arises out of one such complaint filed by the de facto complainant.
Learned State Counsel produces the Case Diary.
The materials placed by the learned State Counsel through the Case Diary show, to the mind of this Court, that further custodial interrogation of the petitioner is not necessary.
2
Accordingly, the petitioner shall be enlarged on bail subject to the satisfaction of the learned Chief Judicial Magistrate, Krishnagar, Nadia upon furnishing a bond of Rs.10,000/-(Rs. Ten thousand only) with two sureties of like amount, one of whom must be local and, on condition that the petitioner shall not tamper with the evidence and/or intimidate the witness. The petitioner shall report on all dates as and when directed to do so before the Ld. Trial Court.
Accordingly, the application for bail, being CRM No. 7529 of 2020 stands disposed of.
All parties shall act in terms of the copy of the order downloaded from the official webside of this Court.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties on usual undertaking.
[Shivakant Prasad, J.] [Subrata Talukdar, J.]
1 issue framed by the court
Whether bail should be granted under Section 439 Cr.P.C in a case involving Sections 447/324/325/509/354/34 IPC.
1 provisions across 1 enactments
Khos Mohammad Sk
The State of West Bengal
Shivakant Prasad
Subrata Talukdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
