High Court granted bail to the accused in a matrimonial dispute involving alleged suicide under IPC 304-B and 120 B after finding no injuries suggesting torture and 72 days of detention.
Petitioner allowed on bail of Rs. 20,000 with one surety of the 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.
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GAHC010011572020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 195/2020
1:KUMUD KALITA
S/O- SRI RAM CHANDRA KALITA, R/O- VILL- DHUMGARA, P.SCHHAYGAON, DIST- KAMRUP, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. K N KALITA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 12-02-2020
By this application under Section 439 CrPC, petitioner, namely, Kumud Kalita, who was arrested on 01.12.2019, has prayed for granting him regular bail, in connection with Chhaygaon PS Case No. 1126/2019, under Sections 120 (B), 304 (B) IPC.
Heard the learned counsel for both the sides.
Also perused the record, FIR and the Case Diary, along with the Post-Mortem Report.
The allegation made in the FIR is that the deceased (wife of the accused petitioner) committed suicide by hanging with a gamosa in ceiling fan and since many days, the deceased was subjected to mental and physical torture by her in-laws and husband, i.e., the present petitioner. Informant suspects that the victim may have committed suicide for such torture.
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However, the Post-Mortem Report reveals that there is no such injury on the body of the deceased, as it is a case of suicidal nature and no specific incident of torture is made out. Investigation has almost completed.
Considering all entirety of the matter and the length of detention, i.e., 72 days behind the bar, it can be inferred that further custodial detention of the accused petitioner aforesaid is not warranted. Accordingly, he is hereby allowed to go on bail of Rs. 20,000.00, with one surety of the like amount, to the satisfaction of learned CJM, Kamrup, at Amingaon.
Bail Application stands disposed of.
Return the Case Diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail must be granted to the accused considering the length of detention and nature of injuries.
1 provisions across 1 enactments
Kumud Kalita
The State of Assam Rep. by the PP, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
