Allowed

Babusona Sardar @ Bittu v. State of West Bengal

Calcutta HC3 Sept 2020CRM/5380/2020

Case brief

AI extract

What is this about?

Application for bail under CrPC 439 in IPC 498A/304B traces were considered. Court found the death suicidal despite dowry allegations. Bail granted on bond of Rs 10,000 with two sureties subject to appearing regularly and not tampering with evidence.

What did the court decide?

Released on bail upon furnishing a bond of Rs. 10,000 with two sureties of like amount, one local, subject to appearing regularly and not tampering with evidence.

Babusona Sardar @ Bittu Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2020)

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08 03.09.2020 rkd Ct. No.16 (Allowed)

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C.R.M. 5380 of 2020

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(CRAN 1 of 2020 (old CRAN 3704 of 2020) (Through Video Conference)

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In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Krishnaganj P.S. Case No. 58 of 2020 dated 10/03/2020 under Sections 498A/304B/34 of the Indian Penal Code.

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And

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In the matter of: Babusona Sardar @ Bittu ….petitioner.

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Mr. S. B. R. Chowdhury Mr. B. K. Roy, Ms. R. Datta

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…for the petitioner.

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…for the State.

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Petitioner undertakes to affirm and stamp the

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petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.

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Accordingly, CRAN 3704 of 2020 is disposed of.

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Petitioner is in custody for 172 days and it is further submitted that he renews his prayer for bail. He further submits that there is little possibility of the trial concluding in the near future.

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Learned counsel appearing on behalf of the State opposes the prayer for bail and submits that victim suffered unnatural death due to dowry demand within nine months of marriage.

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We have considered the materials on record. P.M. report shows that the victim died due to hanging which is suicidal in nature. There is little possibility of the trial concluding in the near future due to prevailing pandemic. In view of the aforesaid

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facts, we are inclined to grant bail to the petitioner.

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Accordingly, the petitioner are directed to be released on bail upon furnishing a Bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Chief Judicial Magistra, Nadia at Krisnhnanagar subject to the condition that during bail he shall appear before the learned trial court regularly till disposal of the trial and he shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court.

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The application for bail is, thus, disposed of.

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(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

Babusona Sardar @ Bittu v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Babusona Sardar @ Bittu v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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