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Judgment
9 paragraphs · 277 wordsSashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 05.12.2021 in connection with Nimapara P.S. Case No. 418 of 2021 corresponding to G.R. Case No. 1117 of 2021 now further corresponding to S.T. Case No. 74 of 2022 pending in the court of the learned Addl. Sessions Judge, Nimapara for the alleged commission of offence under Sections 498-A/304-B/302/34 of IPC read with Section 4 of D.P. Act.
The prosecution case is that being the husband of the deceased he subjected her to physical and mental cruelty in connection with demand for further dowry. Ultimately, he and his family members killed the deceased by pressing her neck. Learned counsel for the petitioner submits that in the meantime, trial has commenced, and several witnesses have been examined including the informant and his wife. Both of them have turned hostile. None of the other witnesses examined has supported the prosecution case. The petitioner has been custody for more than two years.
Considering the submissions as above, the materials on record and the period of detention in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of the posting of the case without fail.
The BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
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