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Calcutta High CourtCRM(M)/2449/2025allowed

Subrata Dey v. State Of West Bengal

2025-11-28Hon'Ble Justice Tirthankar Ghosh2 pages

28.11.2025

IN THE HIGH COURT AT CALCUTTA

Item No.165 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 2449 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Dhubulia Police Station Case No. 283 of 2025 dated 05.07.2025 under Sections 80/85/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4 of the Dowry Prohibition Act, 1961.

And In Re :

Subrata Dey ... Petitioner.

Mr. Kusal Kumar Mukherjee, Mr. Sayan Das ... For the Petitioner.

Ms. Manisha Sharma, Ms. Snigdha Saha ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 140 days and till date, there has been no progress in the case. Learned advocate for the petitioner submits that the victim consumed poison and unfortunately met her end.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that the incident happened within one year of marriage and there are statements of the neighbours also who accused the petitioner to have inflicted torture upon the victim. I have considered the post mortem report. I do not find any physical injury is available. There is a case made out considering the proximity of time. However for the same,

further detention of the petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Subrata Dey shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnagar.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Nadia without the leave of the learned Trial Court. The application for bail, being CRM (M) 2449 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)