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17.01.2018
tkm/ct 28 C.R.M. 488 of 2018
sl no. 18

In Re : An application for bail under section 439 of the Code of Criminal
Procedure filed on 15.1.2018 in connection with Amta P.S case no. 153 of
2017 dated 3.4.2017 under section 498A/302/34 of the Indian Penal Code
and section 3/4 of the Dowry Prohibition Act,
And
Allowed
In Re : Ganesh Samajpati …… petitioner

Mr. Ramashis Mukherjee
…… for the petitioner

Ms. Zareen N. Khan
Ms. M. Mitra
…… for the State

Heard the learned advocates appearing for the petitioner and

the State.

Petitioner is in custody for 284 days and it is submitted on

behalf of the petitioner that the victim had consumed poison due to

mental depression.

Learned lawyer for the State opposes the prayer for bail and

submits that the statement of the daughter of the victim recorded

under section 164 Cr.P.C. speaks of homicidal death.

We have considered the materials on record and we find that

the statement of the daughter of the victim recorded at pages 64 and

65 of the case diary runs counter to the oral dying declaration made

to Dr. Hem Chandra Das appearing at page 38 of the case diary.
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In view of the aforesaid dichotomy and bearing in mind the

period of detention suffered by the petitioner, we are inclined in

granting bail to the petitioner.

Accordingly, 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

ACJM, Uluberia, Howrah on condition that the petitioner shall

appear before the trial court on every date of hearing until further

orders and he shall not intimidate witnesses or tamper with

evidence in any manner whatsoever.

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.

The application being CRM 488 of 2018 is disposed of.

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)