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Calcutta High Court (Appellete Side)

498A/302/34 Of The Indian Penal Code. … vs In Re: Sanat Gope on 28 March, 2024

28.03.2024
Sl. No.16
akd
[ALLOWED]
C. R. M. (DB) 925 of 2024

In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 18.03.2024 in connection with Manbazar Police
Station Case No.104 of 2023 dated 17.12.2023 under Sections
498A/302/34 of the Indian Penal Code. (G.R. Case No.2224 of 2023)

And

In Re: Sanat Gope
… … Petitioner

Ms. Minoti Gomes
Mr. Falguni Bandyopadhyay
Ms. Riya Ballav
… … for the petitioner

Mr. Iqbal Kabir
Ms. Payal Ghosh
… … for the State

1.

It is submitted on behalf of the petitioner that he is in custody for

about 112 days. It is further submitted petitioner has been falsely

implicated. Investigation is complete. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and

submits victim-housewife committed suicide while she was five

months pregnant.

3. We have considered the materials on record. Petitioner is the

husband of the victim-housewife. He ordinarily resided at Orissa. On

the date of the incident there was a quarrel between the couple.

Thereafter victim committed suicide by hanging. There is no

allegation of cruelty over demands of dowry. Whether the petitioner

had abetted the suicide requires to be assessed in the light of the

attending circumstances during trial. Investigation is complete. There

is no chance of abscondence. Under such circumstances and in

view of the period of detention suffered by the petitioner, we are of

Signed By : ARUP
KUMAR DAS
High Court of
Calcutta
28 th of March
2024 04:40:18 PM
2

the opinion further detention of the accused/petitioner is not

necessary.

4. Therefore, the accused/petitioner, namely Sanat Gope, be released

on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand

only), with two sureties of like amount each, one of whom must be

local, to the satisfaction of the learned Chief Judicial Magistrate,

Purulia subject to condition that the said 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.

5. In the event he fails to appear before the trial court without justifiable

cause, the trial court shall be at liberty to cancel his bail

automatically without reference to this court.

6. The application for bail, thus, stands allowed.

(Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)

Signed By : ARUP
KUMAR DAS
High Court of
Calcutta
28 th of March
2024 04:40:18 PM