In a bail petition under Section 439 CrPC in a case involving Sections 498A/307 IPC, the High Court held that further custodial detention was unnecessary and granted bail upon furnishing a bond and complying with specific conditions.
Petitioner released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to reporting conditions.
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.
24.08.2021 Item no. 34 Court No.32. S.De. (Allowed)
(Via Video Conference)
CRM 3702 of 2021
In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 30.04.2021 in connection with Dhantala Police Station Case No. 51 of 2021 dated 07.02.2021 under Sections 498A/307 of the Indian Penal Code.
And
In the matter of : Amar Biswas.
……Petitioner.
Mr. Prabir Mazumdar, Advocate,
……for the Petitioner.
Mr. Saibal Bapuli, Ld. A.P.P., Mrs. Manasi Roy, Advocate,
……for the State.
The petitioner has been charged under Sections 498A/307 of the Indian Penal Code. He is in custody for 190 days.
The petitioner says that there was a fight between husband and wife. There was no intention on the part of the petitioner to inflict any grievous wound on his wife.
We have seen the material in the case diary including the injury report. Charge-sheet has been filed.
Having considered the material on record and the nature of allegations as well as the gravity of the alleged
2
offence, we are of the view that further custodial detention of the petitioner is not necessary.
Accordingly, we direct that the petitioner shall 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia and on further conditions that he shall remain within the jurisdiction of the concerned police station and he shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this Court.
The application for bail is, accordingly, allowed.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
(Suvra Ghosh, J.)
(Arijit Banerjee, J.)
1 issue framed by the court
Whether the petitioner satisfies the requirements for being released on bail while awaiting trial.
2 provisions across 2 enactments
Amar Biswas
The State
Suvra Ghosh
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
