The Court allowed a bail application filed by Dipak Chandra Ghosh. Noting the victim is deceased and the crime does not attract mandatory life imprisonment, the Court found further detention unnecessary and granted bail with sureties.
Order releasing the petitioner on bail upon furnishing a bond of Rs. 10,000 with two sureties of like amount.
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.
21.07.2023 Sl. No.10 akd [ALLOWED]
C. R. M. (DB) 2891 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.07.2023 in connection with Habra Police Station Case No.1034 of 2022 dated 30.10.2022 under Sections 498A/304B/406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
And
In Re: Dipak Chandra Ghosh
… … Petitioner … … for the petitioner
Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha
Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Parthapratim Das Mrs. Manasi Roy
… … for the State
It is submitted on behalf of the petitioner that he is in custody for about 275 days. Victim-housewife suffered burn injuries inside the kitchen which was bolted from inside. Investigation is complete. Accordingly, he prays for bail.
Learned Advocate for the State opposes the prayer for bail and submits victim-housewife was tortured at the matrimonial home. She committed suicide within fourteen months of marriage.
We have considered the materials on record. Allegations of torture are general and omnibus. Incident occurred inside the kitchen which was bolted from inside. This rules out the possibility of homicidal death. Offence, if proved, would not attract mandatory life imprisonment. There is no chance of abscondence of the petitioner. Balancing the nature of accusation with the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.
2
Therefore, the accused/petitioner, namely Dipak Chandra Ghosh , be released on bail upon furnishing a bond of Rs.10,000/(Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, North 24-Parganas subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application for bail, thus, stands allowed.
(Gaurang Kanth, J.)
(Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail can be granted to the accused who has been in custody for 275 days in a case involving dowry harassment and dowry death allegations.
Whether the nature of accusations and tenure of detention justify granting bail with conditions.
3 provisions across 3 enactments
Dipak Chandra Ghosh
State
Gaurang Kanth
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
