Ajit Bag And ANR v. State Of West Bengal

CRM 1613 of 2021 06.04.2021 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 09.02.2021 in connection with Pursurah Police Station Case No. 190 of 2020 dated 19.11.2020 under Sections 498A/302/201/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act (G.R. Case No. 1160 of 2020). and In the matter of: Ajit Bag & Anr.

...... Petitioners Mr. Ayan Bhattacharya, Advocate Mr. Niladri Sekhar Ghosh, Advocate Ms. Srimoyee Mukherjee, Advocate ......for the Petitioners Mr. Saswata Gopal Mukherjee, Ld. Public Prosecutor Mr. Aniket Mitra, Advocate ...... for the State Mr. S.K. Moinuddin, Advocate ...... for the de facto complainant Court No. 28 Item No. 192 snandy (ALLOWED) The petitioners have filed the instant application for bail in connection with Pursurah Police Station Case No. 190 of 2020 dated 19.11.2020 under Sections 498A/302/201/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The case is initiated on an unfortunate incident of death of a married lady after nine and half years of marriage by strangulation. The petitioners are the father-in-law and mother-in-law of the deceased lady and applied for bail after remaining in custody for 139 days.

The State opposes the prayer for bail and relies upon the statements of the witnesses including the minor son of the deceased lady recorded under Section 164 of the Code of Criminal Procedure.

After perusing the statements of the witnesses recorded under Section 164 of the Code and the role of the petitioners to the

alleged offence including the leading statement of the husband of the victim lady and the recovery of article so seized, we do not feel further detention of the petitioners is warranted. As such, the prayer for bail of the petitioners is allowed. Accordingly, the petitioners shall be released on bail on the following conditions:- i) The petitioners shall furnish a bond of Rs.10,000/- each, with two sureties of Rs.5,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Arambagh;

ii) The petitioners shall make themselves available on each and every date so fixed by the trial Court;

iii) Failure to attend the Court on a solitary day without any justifiable reason shall disentitle the petitioners the privilege of bail and the trial Court would be at liberty to cancel the bail without any reference to this Court.

The application being CRM 1613 of 2021 accordingly disposed of.

(Harish Tandon, J.) (Tirthankar Ghosh, J.)