C.R.M. 625 of 2019
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 11.01.2019 in connection with
Barrackpore P.S. Case No.266 of 2018 dated 25.10.2018 under
Sections 498A/326/307/34 of the Indian Penal Code and Section
3 / 4 of the Dowry Prohibition Act and adding Section 304B of the
Indian Penal Code.
In the matter of : Banhidip Sutradhar.
Mr. Dipak Sengupta, Sr. Adv.,
Mr. Subrata Roy,
Mr. Bholanath Ghosh.
…for the Petitioner.
Md. Anwar Hossain,
Ms. Ratna Ghosh.
…for the State.
Mr. Soubhik Mitter,
Mr. Sabir Ahmed,
Mr. Sourav Chatterjee,
Mr. Ranadeb Sengupta.
….for the de-facto complainant.
Heard the learned Counsels appearing on behalf of the parties.
Petitioner renews his prayer for bail and submits that he is in
custody for 88 days and that investigation is complete. It is further
submitted that the victim made an exonerative dying declaration at
the time when she was admitted in the hospital.
Learned Public Prosecutor submits that the dying declaration of
the victim had been procured under duress and in the presence of
the accused persons.
This submission is supported by the learned Advocate
appearing for the de-facto complainant.
We have considered the materials on record. We note that the
dying declaration was recorded at the R. G. Kar Medical College and
Hospital which is exonerative in nature. No doubt the petitioner and
other accused persons were present when the said dying declaration
was recorded. Under these circumstances, voluntariness of the
deceased victim at the time of recording the dying declaration is a
question which may be gone into during trial.
However, in view of the facts and circumstances of the case and
bearing in mind the period of detention suffered by the petitioner and
that investigation is complete, we are inclined to grant bail to the
Accordingly, the petitioner, namely, Banhidip Sutradhar 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 Additional Chief Judicial Magistrate,
Barrackpore subject to condition that the 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
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 in accordance with law without further reference to
The application, being C.R.M.625 of 2019, is disposed of.
(Ravi Krishan Kapur,J.) (Joymalya Bagchi, J.)