Sanjoy Das v. State Of West Bengal

02.09.2022.

15.

Ct.No.28 as (Allowed) C.R.M. (DB) 2965 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Nabadwip P. S. Case No.174 of 2022 dated 04.05.2022 under Sections 498A/304B/302 of the Indian Penal Code.

In the matter of : Sanjoy Das.

.... Petitioner.

Ms. Tanusri Chandra.

...for the Petitioner.

Mr. Saswata Gopal Mukherjee, ld. P.P., Mr. Partha Pratim Das, Mrs. Manasi Roy.

...for the State.

Petitioner is in custody 110 days. It is submitted victim housewife committed suicide due to domestic quarrel.

Investigation is complete. He prays for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the dying declaration of the victim. She stated there was a quarrel with the victim and the petitioner and she committed suicide. Whether the act of self-immolation was owing to domestic quarrel or over demands of dowry soon before her death requires to be assessed in the course of trial. Under such circumstances and as investigation is complete and there is little possibility of trial concluding in the near future, we are inclined to grant bail to the petitioner. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two registered sureties

of like amount each, to the satisfaction of the learned Judicial Magistrate, Nabadwip subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

This application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)