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Pritam Nag vs Unknown on 6 June, 2018

1

06.06.2018

Ct.28
RP 20
CRM 1501 of 2018

In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Ashoknagar P.S. Case
No.420 of 2017 dated 21.05.2017 under
Sections 498A/304B/34
of the Indian Penal Code corresponding to GR Case No.1857 of
2017.

And

In the matter of : Pritam Nag
…. Petitioner

Mr. Sekhar Basu, Sr. Adv.

Mr. Saryati Dutta, Adv.

….. For the Petitioner
Mr. Neguive Ahmed, Adv.

Ms. Trina Mitra, Adv.

….. For the State
Mr. S. Hasan, Adv.

….. For de facto complainant

Report is filed on behalf of the State wherefrom it appears that

date has been fixed for recording of evidence of the witnesses.

Mr. Basu, learned Senior Counsel appearing for the petitioner

submits that the petitioner is in custody for about 10 months and that

there is hardly any likelihood for concluding the trial in the near future.

It is further submitted that the co-accused persons are on bail. It is

also submitted that on earlier occasions his prayer for bail was rejected

on an erroneous reading of the suicide note by this Court.

Mr. Ahmed, learned Advocate for the State produces the case

diary and opposes the prayer for bail. He submits that the victim

committed suicide within one year of her marriage. There are
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statements of witnesses that the victim was tortured at the behest of

the petitioner. He, however, admitted that in the suicide note at page

199 of the case diary the victim while speaking of great pain and agony

compelling her to choose the path of self-termination had not blamed

anyone.

Examining the orders rejecting the prayer for bail on earlier

occasions, we find that one of the issues which weighed with this Court

was the fact that the suicide note of the victim implicated the

petitioner. Such finding does not appear to be in consonance to the

suicide note at page 199 of the case diary. In the said suicide note the

victim stated that she had decided to end her life as she was suffering

from great agony. However, she did not blame anyone for such

situation. No doubt, contents of such note are to be examined in the

factual matrix of the case and cannot be taken simply on its face value.

However, one cannot lose sight of the fact that in the said suicide note

the petitioner had not been specifically implicated. It is trite law that

weighty reasons are required to favourably consider the bail prayer of

an accused which had been repeatedly rejected earlier and appropriate

reasons are to be assigned to come to a different conclusion in such a

case. [See Lt. Col. Prasad Shrikant Purohit vs. State of

Maharashtra, AIR 2017 SC 3986 (para-22].

Having considered the aforesaid factual matrix of the case and

keeping in mind the period of detention suffered by the petitioner and

in view of the fact that recording of evidence has not been commenced

as yet, we are inclined to grant bail to the petitioner.
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Accordingly, we direct that the petitioner shall be released on bail

upon furnishing bond of Rs.10,000/-( Rupees Ten Thousand only) with

two sureties of like amount, one of whom shall be local, to the

satisfaction of the learned Chief Judicial Magistrate, Barasat, South 24

Parganas on condition that he shall not intimidate the witnesses

and/or tamper with evidence in any manner whatsoever and shall not

commit similar offences in future and he shall appear before the trial

Court on every date of hearing and in the event he fails to do so, his

bail shall stand automatically cancelled without further reference to

this Court.

The application for bail is, accordingly, allowed.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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