The Division Bench considered a bail application under Section 439 CrPC in a dowry harassment case resulting in the victim's suicide. The court examined witness statements indicating ill-treatment based on complexion and money demands, ultimately refusing bail.
Application for bail under Section 439 CrPC rejected; continues to be in custody.
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03.01.2023 Sl. No.8 akd [Rejected]
C. R. M. (DB) 4605 of 2022
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 21.12.2022 in connection with Chanditala Police Station Case No.455 of 2022 dated 08.09.2022 under Sections 498A/304B/406/34 of the Indian Penal Code. (G.R. Case No.1723 of 2022)
And
In Re: Avijit Ghosh & Ors.
… … Petitioners
Mr. Kazi Safiullah
… … for the petitioners
Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Aniket Mitra
… … for the State
Petitioners are the husband and in-laws of the victimhousewife. It is submitted on behalf of the petitioners that the victimhousewife committed suicide due to depression. Investigation is complete.
Learned Advocate for the State opposes the prayer for bail and submits petitioners subjected the victim-housewife to torture on demands of dowry. As a result, she committed suicide.
We have considered the materials on record. Statements of witnesses show the victim-housewife was subjected to ill-treatment owing to her dark complexion. There were demands of money by her inlaws also. Under such circumstances, she chose the path of selfextermination barely one year after marriage. In view of the aforesaid circumstances, we are not inclined to grant bail to the petitioners at this stage.
The application for bail is thus rejected .
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2
2 issues framed by the court
Whether bail should be granted to the petitioners charged with dowry harassment and suicide causing under Section 498A/304B IPC
Whether the completed investigation and causes of suicide justify release of the accused at this stage
2 provisions across 2 enactments
Avijit Ghosh & Ors.
State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
