D.Surya Narayan v. The State

CIRCUIT BENCH OF CALCUTTA HIGH COURT 20.07.2021 AT PORT BLAIR, ANDAMAN & NICOBAR ISLANDS` Court No.28 Item No.01 (Rejected) CRM 7 of 2021 (Via Video Conference) Akd & As In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Sessions Case No. 8 of 2021, FIR No. 7 of 2021 dated 12.03.2021, P.S. Mayabunder, under Section 302 of the Indian Penal Code;

And In the matter of : D. Surya Narayan

...Petitioner

Mr. D. Ilango.

...For the Petitioner Mr. Krishna Rao.

...For the State.

The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Sessions Case No. 8 of 2021, FIR No. 7 of 2021 dated 12.03.2021, P.S. Mayabunder, under Section 302 of the Indian Penal Code.

It is alleged that out of a broken love relationship the petitioner took the victim to the nearby jungle and strangulated her. The incident was narrated by the petitioner to his wife, who in turn divulged such fact to the neighbour, and the instant case was initiated on the divulging aforesaid fact by the neighbour. The petitioner is in custody since 12th March, 2021. Learned Advocate for the petitioner submits that charge sheet has been filed and there is no apprehension of absconsion, as he is a Government servant having his independent hearth and home. Mr. Krishna Rao, learned Advocate, opposes the prayer for bail. It is submitted that the victim was pressurizing the petitioner to get her married after giving divorce to his wife and precisely for such reason the petitioner strangulated her. It is further submitted that the petitioner used the ATM Card of the victim lady and withdrew the

money, which is corroborated by the recording made through Close Circuit TV.

After hearing the respective Counsels and on perusal of the materials available from the record and considering the fact that the seizure having made from the custody of the petitioner, we do not think that it is a fit case, where the petitioner should be enlarged on bail.

Accordingly, the prayer for bail of the petitioner is rejected. It is also noticed that the pendency of cases at Mayabunder is abysmally low and there is a fair chance for completion of trial in the near future. We, therefore, request the learned Additional Sessions Judge to take up the matter and show alacrity in the progress of the trial. We trust and hope that the case shall be brought to its logical conclusion at an earliest.

The application for bail, being CRM 7 of 2021, is thus dismissed.

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