rkd Ct. No.42 C.R.M. 4078 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 11/04/2019 in connection with
Ranitala P.S. Case No. 609 of 2018 dated 09/12/2018 under
Sections 498A/Section304B/Section34 of the Indian Penal Code, 1860 and
under Sections 3/Section4 of the Dowry Prohibition Act.
In the matter of: Tonik Sk. @ Md. Saifuljaman @ Tonick
Mr. A. A. Alamgir
…for the petitioner.
Mr. Saswata Gopal Mukherjee, P.P.,
Mr. P.P. Das,
Ms. A. Gaur
…for the State.
Petitioner has been implicated in a case under Sections
498A/Section304B/Section34 of the Indian Penal Code, 1860 and under
Sections 3/Section4 of the Dowry Prohibition Act.
The learned advocate for the petitioner submits that
petitioner is in custody for about 183 days and charge sheet has
already been submitted in connection with this case. He further
submits that the victim had a cardiac failure resulting in her
Learned counsel appearing on behalf of the State opposes
the prayer for bail and submits that there are statement which
reflect that initially after the marriage there are allegations
relating to demand of dowry. However, during the close proximity
of death of the victim no such statements are reflected.
Having considered the materials on record including the
case diary, we find that in CRM 2503 of 2019 a coordinate Bench
of this Court has observed that the victim housewife suffered
cardiac failure due to anemia and septicemia and the fact that
charge sheet has already been submitted and the period of
detention suffered by the petitioner, we are inclined to grant bail
to the petitioner.
Accordingly, we direct that the petitioner shall 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 Additional Chief Judicial Magistrate,
Lalbagh, Murshidabad subject on condition that during bail he
shall appear before the learned trial court regularly till disposal
of the trial and he shall not intimidate witnesses or tamper with
evidence in any manner whatsoever.
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.
Accordingly, the application for bail is allowed.
C.R.M. 4078 of 2019 is, thus, disposed of.
Urgent photostat copy of this order, if applied for, be given
to the parties upon compliance of all formalities.
(Tirthankar Ghosh, J.) (Md. Mumtaz Khan, J.)