Buddheswar Sur v. The State Of West Bengal

12.03.2024 tkm/ct 28 C.R.M. (DB) 778 of 2024 sl no. 33 In Re : An application for bail under section 439 Cr.P.C in connection with Jhargram PS case no. 53 of 2022 dated 16.2.2022 under sections 498A/304B/306 IPC and 3/4 of the DP Act And In Re : Buddheswar Sur ........ petitioner Mr. S Das Mahapatra Ms. M Sinha ...... for the petitioner Mr. Jaydep Biswas ...... for the State

1. Petitioner is in custody for more than a year. He submits victim committed suicide in the course of family quarrel. There is little possibility of trial concluding in the near future. He prays for bail.

2. Learned lawyer for the State opposes the bail prayer. He submits petitioner had demanded dowry and tortured the victim. As a result, she died due to burn injury. Five witnesses have already been examined.

3. We have considered the materials on record. Victim housewife died due to burn injuries. There are materials to show petitioner had tortured her over demand of dowry. Trial has substantially progressed. Prosecution assures this court that the trial shall be completed within one year from the next date fixed for recording evidence subject to cooperation by the defence and systemic delays.

4. Under such circumstances, we are not inclined to grant bail to the petitioner.

5. Accordingly, prayer for bail is rejected.

6. Trial court is requested to expedite the trial and conclude the same at an early date.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)