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Judgments of Supreme Court of India and High Courts

Shibu Gupta vs Unknown on 15 March, 2019

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27 15.3.2019

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.

gd And

In the matter of: Shibu Gupta.
….petitioner.

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

Penal Code.

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
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