In Re:- Radheshyam Sarkar vs Re: An Application For Bail Under … on 17 August, 2017

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17 17.8.2017

C.R.M. No.7797 of 2017
p.d.

In re:- Radheshyam Sarkar …. Petitioner.

-And-

Re: An application for bail under Section 439 Cr.P.C. affirmed on 7.8.2017 in connection with
Chakdaha Police Station Case No.218/17 dated 10.4.2017 under Sections 498A/306/34 of the Indian Penal
Code, read with Sections 3 / 4 of the Dowry Prohibition Act.

Ms. Sreyashee Biswas,
Ms. Puja Goswami … For the petitioner.

Mr. Pradipta Ganguly …. For the State.

Mr. Subhajit Manna … For the de facto complainant.

Heard the learned Advocates appearing on behalf of the parties.

Perused the case diary.

The petitioner is the husband.

It is true that although the petitioner’s prayer for bail was

earlier rejected by this Bench on June 29, 2017, i.e. at the stage, when

he was in custody for 64 days but now, he is in custody for 113 days.

Such rejection was based on the statement of the son of the victim.

Today, our attention has been drawn from the side of the State

to both the statement of the son of the victim (page-33 of the case diary)

and the post mortem report (page-27 thereof). Although in the statement

of the son of the victim, it was alleged that the victim was mercilessly

assaulted by fists and blows not only by this petitioner and other

members of his family but from the post mortem report, we find that not

a single external injury, except the ligature mark on the neck, was found

and according to the opinion of the Autopsy Surgeon, the death was

caused due to the effect of hanging. Furthermore, the learned Counsel
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for the State, in his usual fairness, submits that charge sheet was

submitted under Section 306 I.P.C.

Now, having regard to above and considering the fact that

investigation is over and charge sheet has been submitted and the

petitioner’s length of detention in custody and when no case is made out

from the side of the State showing that further custodial detention of the

petitioner is necessary even after submission of the charge sheet or if he

is released on bail, he is likely to abscond, we allow his prayer for bail.

Let the petitioner be released on bail upon furnishing a bond of

Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom must be

local, to the satisfaction of the learned Additional Chief Judicial

Magistrate, Kalyani, Nadia.

The application for bail is, thus, disposed of.

(Ashim Kumar Roy, J.)

(Amitabha Chatterjee, J. )

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