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Judgment
7 paragraphs · 313 wordsGautam Kumar Choudhary, J
Heard both the sides.
This bail application has been filed on behalf of Jayant Pramanik who is in custody since 05.07.2025 in connection with Chandil P.S. Case No. 118 of 2025 for the offence registered under Sections 80(2), 123 of BNS and Sections 3 and 4 of D.P. Act pending in the Court of learned Sub-Divisional Judicial Magistrate, Chandil is pressed into motion.
It is submitted by learned counsel for the petitioner that as per the FIR, there is allegation of administering poison to the deceased, whereas as per the postmortem examination report, the death was due to fall, as the deceased was nine months pregnant. This cast serious doubt on the prosecution case of assault leading to death of the deceased. There is no external sign of injury. No specific or further demand was stated in the FIR and there is no direct eye witness to the incidence.
Learned counsel for the State has opposed the prayer for bail and submitted that in the FIR, there is direct allegation of assault and subjecting the deceased to cruelty in reference to dowry demand. The cousin of the deceased namely Dev Pramanik has stated that the deceased used to be assaulted by the petitioner who is her husband and on earlier occasion also she had complained about this to the police.
On perusal of the postmortem report, it appears that there was fracture of 5th rib on right side of chest of the deceased which could be either due to fall or due to assault. As per the FIR as well as the statement of witnesses deceased on earlier occasion also had been assaulted by the Petitioner and other in-laws in which Monu Pramanik had been released on executing a P.R Bond enclosed with the case diary.
Under the circumstances, the prayer for bail of the petitioner, is hereby, rejected.
