C.R.M. 2835 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 06/3/2019 in connection with
Ashoknagar P.S. Case No.652 of 2018 dated 30/9/2018 under
Sections 498A/304B of the Indian Penal Code.
In the matter of: Shibu Gupta.
Mr. Ashok Das
…for the petitioner.
Ms. Sukanya Bhattacharyya
Ms. Mayukhi Mitra
…for the State.
The petitioner seeks bail in connection with Ashoknagar P.S. Case
No.652 of 2018 dated 30/9/2018 under Sections 498A/304B of the Indian
The petitioner is the husband of the victim who committed suicide
within a few years of her marriage.
The State refers to the statements of some of the neighbours to the
effect that there was a heated exchange between the victim and the petitioner
following which the victim set herself ablaze.
The State also says that there are credible reports of demands for
dowry and of physical and mental torture on the victim.
Considering the material against the petitioner and the fact that the
petitioner is in custody for more than 164 days, there may not be any need for
the further detention of the petitioner.
The charge-sheet has been submitted and in the event the petitioner
is convicted, the petitioner will serve the sentence that is handed down. The
petitioner does not appear to be a threat to be enlarged on bail.
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 Additional Chief Judicial Magistrate, Barasat 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