Barun Shil v. State of West Bengal
Case brief
What is this about?
The Court granted bail to the petitioner, Barun Shil, in a case involving charges of dowry death (498A, 304B) and murder (302). Despite the filing of a charge-sheet including Section 306 IPC, the Court considered the detention period and ordered release on a bond of Rs. 10,000 with two sureties.
What did the court decide?
Petitioner released on bail upon furnishing a Bond of Rs. 10,000 with two sureties of like amount each.
What the court decided
C.R.M. (DB) 935 of 2022
08.04.2022 Sl. 55 Court No.29 (sourav) (Allowed)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Lalgola Police Station Case No. 691 of 2021 dated 13.09.2021 under Sections 498A/304B/302/34 of the Indian Penal Code.
And
| In the matter of:Barun Shil ….petitioner. |
|---|
| Mr. Debapriya Samanta …for the petitioner. |
| Mr. Prasun Kumar Dutta |
| Mr. Subrato Ray |
| …for the petitioner. |
|---|
| … for the State. |
Petitioner prays for bail.
Considering the fact that the police filed charge-sheet, inter alia, under Section 306 of the Indian Penal Code after conducting an investigation, inter alia, under Section 302 thereof and considering the period of detention of the petitioner, we grant bail to the petitioner.
Accordingly, the petitioner 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, Lalbagh, Murshidabad subject to the condition that during bail he shall appear before the learned trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the petitioner charged with offenses under Sections 498A, 304B, 302, and 34 of the IPC.
Whether a charge-sheet filed under Section 306 of the IPC affects the petitioner's right to bail.
Parties & counsel
- petitioner
Barun Shil
- respondent
State
Coram
Debangsu Basak
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · April
- Registered
- Case no.
- CRM (DB)/935/2022
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