CRM 3183 of 2019
In Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 13.03.2019 in connection with Raiganj Police Station Case
No.759/17 dated 28.10.2017 under Sections 498A/304B/302/34 of the Indian
Penal Code and Sections 3/4 of the Dowry Prohibition Act.
In the matter of : Ananda Roy
Mr. Tapodip Gupta … for the petitioner
Mr. Saswato Gopal Mukherjee, Learned PP
Ms. Amita Gaur … for the State
This is a case under Sections 498A/304B/302/34 of the Indian Penal Code
and Sections 3/4 of the Dowry Prohibition Act.
The learned lawyer for the petitioner submits that the petitioner is in
custody for 519 days and in spite of charge being framed on 25th July, 2018 none
of the witnesses have been examined.
Learned lawyer for the State opposes the prayer for bail and submits that
the victim expired within one year of marriage. He further draws our attention to
the statements of the relevant witnesses including the suicidal note.
We have perused the materials on record and the case diary. From the
records of the case, it reveals that on six dates in spite of learned trial court
directing, no witnesses were produced by the prosecution for conducting the
progress of the trial. Considering the long detention of the petitioner and the
conduct of the prosecution, we are inclined to release the petitioner on bail and
prayer for bail of the petitioner is allowed.
Accordingly, we direct that the petitioner shall be released on bail upon
furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of
whom must be local, to the satisfaction of the learned Chief Judicial Magistrate,
Uttar Dinajpur at Raiganj, subject to condition that they shall appear before the
trial court on every date of hearing until further orders and shall not intimidate
witnesses and/or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to appear before the trial court without any
justifiable cause, the trial court shall be at liberty to cancel his bail without
reference to this Court.
The application for bail is accordingly allowed.
CRM 3183 of 2019 is thus disposed of.
Urgent photostat certified copy of this order, if applied for, be given to the
parties after compliance of necessary formalities.
( Md. Mumtaz Khan, J. )
( Tirthankar Ghosh, J. )