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Profulla Barman @ Prafulla Barman vs Unknown on 14 July, 2021

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14.07.2021 CRM 2532 of 2021
(Via Video Conference)
Court No.28
Item No.25

(Rejected) In Re:- An application for bail under section 439 of the Code of
Criminal Procedure filed in connection with Kaliyaganj Police Station
As
Case No. 157 of 2020, dated 25.05.2020 under Sections
Skb 498A/325/304/109/114
of the Indian Penal Code and alternative
Section 302 of the Indian Penal Code.

And

In the matter of : Profulla Barman @ Prafulla Barman.

…Petitioner

Mr. Ziaul Haque.

…For the Petitioner

Mr. S. G. Mukherjee, ld. P.P.,
Mr. Debabrata Chatterjee, ld. A.P.P.,
Ms. Manasi Roy.

…For the State.

The petitioner has filed the instant application for bail under
Section 439 of the Code of Criminal Procedure after being arrested in
connection with Kaliyaganj Police Station Case No. 157 of 2020,
dated 25.05.2020 under
Sections 498A/325/304/109/114 of the
Indian Penal Code and alternative
Section 302 of the Indian Penal
Code.

The petitioner is in custody for 425 days and have filed this
application for bail on the ground that the petitioner had a scuffle
with his wife and she was pushed and fell on the road and suffered a
head injury which led her to succumbed instantly. There was no
intention to kill her. It was a sheer accident for which he has been
unnecessarily languishing in jail.

The State opposes the prayer for bail. It is submitted that the
lady was assaulted by the petitioner and suffered a grievous injury
which led to her death.

After hearing the respective counsel and on perusal of the
materials available on record as well as the statement of the mother
2

of the victim who happened to be a eye witness recorded under
Section 164 of the Code of Criminal Procedure, we do not find any
material justifying the stand of the petitioner taken in this
application.

Therefore, the prayer for bail of the petitioner is rejected.

The application for bail, being CRM 2532 of 2021, is thus
dismissed.

(Harish Tandon, J)

(Subhasis Dasgupta, J.)

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