Ramprasad Das v. State Of West Bengal

CRM 2620 of 2021 (Via Video Conference) 28.06.2021 Court No.28 Item No.32 (Rejected) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Baduria Police Station Case No. 701 of 2020, dated 3.12.2020 under Sections 498A/302 of the Indian Penal Code.

Akd & As And In the matter of : Ramprasad Das

...Petitioner

Mr. Kallol Kumar Basu, Mr. Md. Jannat Ul Firdous.

...For the Petitioner Mr. S. G. Mukherjee, Ld. P.P., Ms. Faria Hossain, Ms. Baisali Basu.

...For the State.

The Advocate on Record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.

The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Baduria Police Station Case No. 701 of 2020 under Sections 498A/302 of the Indian Penal Code.

The victim lady was allegedly found dead on the Veranda of her matrimonial house and the post mortem report reveals that the death was due to strangulation and, therefore, ante mortem in nature. The petitioner is the husband and is languishing in jail since last 206 days.

The learned Advocate for the State opposes the prayer for bail and submits that the complicity of the petitioner in the alleged offence cannot be ruled out.

In view of the above, despite the charge sheet has already been

submitted, we do not think that the petitioner, being the husband of the victim lady, is entitled to bail at this stage. Accordingly, the prayer for bail of the petitioner is rejected. However, we request the learned Judge of the Court below to expedite the case.

The application for bail, being CRM 2620 of 2021, is thus dismissed.

(Harish Tandon, J) (Subhasis Dasgupta, J.)