Jagannath Samanta vs Unknown on 18 September, 2017

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S/L. 4.

September 18, 2017. C.R.M. No. 8523 of 2017
MNS.

In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
August 25, 2017 in connection with Uttarpara Police Station Case No. 752 of 2016 dated
November 27, 2016 under
Sections 498A/306/304B/34 of the Indian Penal Code, 1860.

And

In the matter of: Jagannath Samanta
…petitioner.

Mr. Amitabha Ghosh,
Mrs. Animita Bhattacharya
…for the petitioner.

Ms. Zareen N Khan,
Mr. Mirza Firoz Ahmed Begg
…for the State.

Heard the learned advocates appearing on behalf of the respective parties.

The accused/petitioner is seeking bail in connection with a case relating to offences
punishable under
Sections 498A/306/304B/34 of the Indian Penal Code, 1860.

Learned counsel for the petitioner submits that the petitioner is in custody for 290
days and the investigation has been completed and the charge-sheet has been submitted.
Learned counsel for the petitioner further submits that other co-accused person has been
granted anticipatory bail.

Learned counsel for the State opposes the prayer of the petitioner and submits that
within five months of marriage the victim died unnatural death and during investigation of the
matter it was found that the victim was subjected to torture on the demand of dowry.

Having considered the submissions made on behalf of the respective parties and after considering
the materials available in the case diary including the statement of the witnesses recorded under
Section 161 of
the Code of Criminal Procedure and the nature and gravity of the offences showing prima facie involvement of
the petitioner in the commission of offences alleged against him, we are of the opinion that it is not a fit case for
granting bail to the petitioner.

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Accordingly, the prayer for bail of the petitioner is rejected at this stage.

The application for bail is, thus, disposed of.

(Rajiv Sharma, J.)

(Md. Mumtaz Khan, J.)

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