C.R.M. 3552 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 20/3/2019 in connection with Onda
P.S. Case No.114 of 2018 dated 07/10/2018 under Sections
498A/304B/34 of the Indian Penal Code and Sections 3/4 of the
Dowry Prohibition Act.
In the matter of: Dhananjoy Das.
Mr. Suman Chakraborty
…for the petitioner.
Md. Anwar Hossain
Ms. Benajir Hasna
…for the State.
The petitioner seeks bail in connection with Onda P.S. Case No.114 of
2018 dated 07/10/2018 under Sections 498A/304B/34 of the Indian Penal
Code and Sections 3/4 of the Dowry Prohibition Act.
The petitioner says that others on the same footing have been granted
bail by this court.
The State opposes the prayer on the ground that the victim died
within five months of her marriage and there is credible evidence that the
victim was tortured at her matrimonial home and insulted for not being able
to bring more dowry.
There are statements attributed to neighbours which reveal that the
victim may have been ill-treated at the matrimonial home. However, there is
no eyewitness or direct evidence relating to the incident that culminated in the
unnatural death of the victim. The victim died of burn injuries. There is no
material to show whether anyone poured anything inflammable on the victim
or anyone lit the fire.
There is no doubt that an adverse inference has to be drawn against
the petitioner and the petitioner has to rebut the same. But the material
against the petitioner as evident from the case diary does not warrant his
continued detention, particularly since there may not be any evidence to
tamper with or any witness to intimidate. If the petitioner is convicted upon
the trial being concluded, he will be required to serve out the sentence at that
point of time.
Accordingly, the petitioner shall be released on bail upon furnishing a
bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like
amount, to the satisfaction of the Chief Judicial Magistrate, Bankura on the
conditions that he shall not intimidate the witnesses or tamper with the
evidence in any manner whatsoever and he shall appear before the trial court
on every date of hearing.
In the event of violation of any of the conditions, the trial court will be
at liberty to cancel the bail without reference to this Court.
The prayer for bail is allowed, subject to the conditions stated above.
Certified website copies of this order, if applied for, be supplied to the
parties upon compliance with all requisite formalities.
(Sanjib Banerjee, J.)
(Suvra Ghosh, J.)