Bijay Rui Das v. State Of West Bengal

01.08.2022 Sl. No.18 akd [Rejected] C. R. M. (DB) 2507 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 21.07.2022 in connection with Kulti Police Station Case No. 360 of 2021 dated 22.07.2021 under Sections 498A/302/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. (G.R. Case No.2051 of 2021) And In Re: Bijay Rui Das ... ... Petitioner Mr. Avik Ghatak Mr. Soham Dhara ... ... for the petitioner Mr. Prasun Kumar Datta .. ld. Addl. Public Prosecutor Mr. Santanu Deb Roy ... ... for the State Petitioner renews his prayer for bail. It is submitted on behalf of the petitioner that he is in custody for about 374 days. It is further submitted co-accuseds have been enlarged on bail. Learned Additional Public Prosecutor opposes the prayer for bail and submits victim-housewife suffered burn injuries within one year of marriage.

We have considered the materials on record. Statements of witnesses show victim-housewife had been tortured over dowry. She suffered burn injuries within one year of marriage. Although it is contended petitioner had admitted his wife in hospital, his presence at the place of occurrence is fully established. In view of the aforesaid incriminating materials and as prayer for bail of the petitioner was rejected in March, 2022, we are not inclined in granting bail to the petitioner at this stage.

The application for bail is thus rejected.

Trial court is directed to take appropriate steps for consideration of framing of charge at the earliest and take the proceeding to its logical conclusion without granting unnecessary adjournments to either of the parties.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)