CRM 8757 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 17.09.2019 in connection with Kotwali
P.S. Case No. 487/2019 dated 26.08.2019 under Sections
498A/Section306/Section34 of the Indian Penal Code and Sections 3/4 of the D.P.
In the matter of: Sabita Das
Mr. Soumyajit Das Mahapatra
…for the Petitioner.
Mr. Bidyut Kr. Roy,
Ms. R. Datta
…for the State.
It is submitted on behalf of the petitioner that she is suffering
from kidney ailments and has been falsely implicated in the instant
case. It is further submitted on behalf of the petitioner that the
incident occurred twelve years after marriage.
Learned lawyer for the State opposes the prayer for bail.
Having considered the materials on record and bearing in mind
the nature of allegations in the light of the submission that the
victim committed suicide twelve years after marriage and the
statutory presumption under Section 113A of the Evidence Act is not
attracted to the facts and circumstances of the case, we are inclined
to grant bail to the petitioner.
Let the petitioner 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 Chief Judicial
Magistrate, Paschim Medinipur subject to the condition that during
bail the petitioner shall appear before the learned trial court
regularly till disposal of the trial and the petitioner shall not
intimidate witnesses or tamper with evidence in any manner
In the event the petitioner fails to comply with the conditions
as enshrined hereinbefore, it is open to the trial court to cancel the
bail without any further reference to this Court.
The application for bail is, thus, disposed of.
(Jay Sengupta, J.) (Joymalya Bagchi, J.)