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Calcutta High CourtCRM (DB)/2174/2023allowed

Sk. Rajauddin @ Raju v. State Of West Bengal

2023-06-20Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

20.06.2023 Sl. 10 Court No.29 Suvayan (Allowed) C.R.M. (DB) 2174 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dadpur P. S. Case No. 15 of 2020 dated 30.01.2020 under Sections 395/397/412 of the IPC, 1860.

And In the matter of: Sk. Rajauddin @ Raju ....petitioner Mr. Arunava Ganguly ...for the petitioner.

Mr. Rudradipta Nandy, APP Ms. Sonali Das ...for the State.

1.

Heard the learned Counsel for both the parties. 2.

The report as filed by the learned Counsel for the State be taken on record.

3.

Two invoices of the petrol pump where dacoity was committed are stated to have been recovered and seized from the possession of the present petitioner. There is picture of the dacoit in the CCTV footage but all such members had masked themselves. Admittedly no T.I. parade has been conducted in respect of the present petitioner. Charge-sheet is stated to have been filed.

4.

The probative effect of the two invoices sized from the present petitioner should better be left to be decided by the Trial Court.

5.

Regard being had to the facts and submissions in the case, factum of permanent residence of the petitioner and completion of the investigation, it is directed that the petitioner shall be released on bail by the learned Additional Sessions Judge, 3rd Court, Hooghly at Chinsurah in S.C. No. 12 of 2021 in connection with Dadpur P.S. case No. 15 of

2020 on such terms and conditions as deemed just and proper in the facts and circumstances of the present case including the conditions that i) the petitioner shall not leave the jurisdiction of the learned Trial Court without taking leave of the said Court; ii) the petitioner shall appear before the I.C. of Haripal P.S. once in a fortnight on the day and time fixed by the I.C. till the conclusion of the tiral; iii) the petitioner shall appear before the Trial Court on each date of substantive hearing subject to provision of Section 317 Cr.P.C.

6.

The learned Trial Court is directed to act on the server copy of this order.

7.

Accordingly, the prayer for bail of the petitioner is allowed. 8.

CRM (DB) 2174 of 2023 is disposed of.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)