Bail petition under section 439 Cr.P.C. allowed. The High Court granted bail to the petitioner accused under sections 498-A and 304(B) IPC, imposing conditions including personal appearance in court.
Petitioner released on bail with terms and conditions, including personal appearance on each date of posting.
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BLAPL NO.8925 OF 2020
On the prayer of the learned counsel for the petitioner, the 1st name of the petitioner be corrected as Saroj instead of Santosh in the cause title of the bail petition.
The petitioner being in custody in connection with Astaranga P.S. Case No.68 of 2020 corresponding to G.R. Case No.443 of 2020 on the file of learned J.M.F.C., Nimapara running for alleged commission of offence under sections 498-A/304(B) IPC, has filed this application under section 439 of the Cr.P.C. for his release on bail.
Learned counsel for the petitioner submits that the petitioner being the husband has been arraigned in the case for commission of suicide by his wife by intake of poison. He further submits that only after death, omnibus allegation as to the demand of dowry and torture upon the deceased for non-fulfillment of the same has been made with a view to arraign the petitioner in the case so as to put him under harassment. Placing the post mortem report, he contends that no external injury has been detected on the person of the deceased nor any such suspicious feature has been marked in the buccal cavity of the deceased suggesting the theory of forcible administration of poison. In view of all these above, as there remains no scope on the part of the petitioner to flee
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from justice or tamper the evidence; he urges for grant of bail to the petitioner.
Learned counsel for the State opposes the move.
Considering the submissions made and on going through the materials as placed on record as also the order passed by the learned Addl. Sessions Judge, further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody; it is directed that the petitioner be released on bail in the aforesaid case with such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that he will appear in person before the court in seisin of the case on each date of posting of the case without fail till conclusion of the trial.
The BLAPL is accordingly disposed.
Aks
1 issue framed by the court
Whether bail should be granted in a case under sections 498-A/304(B) IPC alleging suicide due to dowry harassment.
1 provisions across 1 enactments
Santosh (corrected to Saroj)
State
Aks
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
