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Judgment
V. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with S.T. Case No.43 of 2023, pending in the Court of learned Additional Sessions Judge, Nimapara, arising out of Balanga P.S. Case No.175 of 2022 for commission of the alleged offence under Sections 498-A/304-B/306 of IPC read with Section 4 of D.P. Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Additional Sessions Judge, Nimapara by order dated 27.04.2023 in the aforementioned case, the present bail application has been filed.
It is submitted by the learned counsel that Petitioner is in custody since 31.10.2022.
It is stated by the learned counsel that initially the FIR was registered inter alia under Section 302 of IPC and after investigation charge sheet has filed on 17.02.2023 under Sections 498-A/304-B/306 of IPC read with Section 4 of D.P. Act.
Referring to the post mortem report, it is submitted by the learned counsel for the Petitioner that it is clearly made out that it’s a case of ante-mortem hanging and there is no other injury other than the injury connected with the allegation of Section 306 of IPC. Hence, further continuance of the Petitioner in custody is unwarranted.
Learned counsel for the State opposes the prayer for bail and relies on the statement of one Pramod Parida-informant, brother of the deceased cited as a CSW No.8 and other witnesses to state that a clear case of torture is made out. Hence, the Petitioner ought not to be released on bail.
Considering the nature of allegation and the filing of the charge sheet and the post mortem report, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.
Before releasing the Petitioner, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall stand recalled.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rules.
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