C.R.M. No.7797 of 2017
In re:- Radheshyam Sarkar …. Petitioner.
Re: An application for bail under Section 439 Cr.P.C. affirmed on 7.8.2017 in connection with
Chakdaha Police Station Case No.218/17 dated 10.4.2017 under Sections 498A/306/34 of the Indian Penal
Code, read with Sections 3 / 4 of the Dowry Prohibition Act.
Ms. Sreyashee Biswas,
Ms. Puja Goswami … For the petitioner.
Mr. Pradipta Ganguly …. For the State.
Mr. Subhajit Manna … For the de facto complainant.
Heard the learned Advocates appearing on behalf of the parties.
Perused the case diary.
The petitioner is the husband.
It is true that although the petitioner’s prayer for bail was
earlier rejected by this Bench on June 29, 2017, i.e. at the stage, when
he was in custody for 64 days but now, he is in custody for 113 days.
Such rejection was based on the statement of the son of the victim.
Today, our attention has been drawn from the side of the State
to both the statement of the son of the victim (page-33 of the case diary)
and the post mortem report (page-27 thereof). Although in the statement
of the son of the victim, it was alleged that the victim was mercilessly
assaulted by fists and blows not only by this petitioner and other
members of his family but from the post mortem report, we find that not
a single external injury, except the ligature mark on the neck, was found
and according to the opinion of the Autopsy Surgeon, the death was
caused due to the effect of hanging. Furthermore, the learned Counsel
for the State, in his usual fairness, submits that charge sheet was
submitted under Section 306 I.P.C.
Now, having regard to above and considering the fact that
investigation is over and charge sheet has been submitted and the
petitioner’s length of detention in custody and when no case is made out
from the side of the State showing that further custodial detention of the
petitioner is necessary even after submission of the charge sheet or if he
is released on bail, he is likely to abscond, we allow his prayer for bail.
Let the petitioner be released on bail upon furnishing a bond of
Rs.10,000/- with two sureties of Rs.5,000/- each, one of whom must be
local, to the satisfaction of the learned Additional Chief Judicial
Magistrate, Kalyani, Nadia.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J. )