Bikash Datta vs State Of Tripura

Heard Mr. S. Sarkar, learned counsel appearing for the petitioner as well as Mr. S. Debnath, learned Addl. PP appearing for the State-respondents.

This is an application filed under section 439 Cr.P.C. for granting bail to the accused-person in connection with Sabroom PS case No. 27 of 2020 under Sections 498-A, 302, 120-B of the IPC.

Mr. Sarkar, learned counsel has submitted that the accused has been in custody for about 35 days and he is not at all involved with the allegations levelled against him, rather his deceased wife was ill tempered. Mr. Sarkar, has further submitted that the deceased wife had forced the accused-person to be separated from his parents and the parents also had allowed the accused-person to reside separately. Mr. Sarkar, also has submitted that the ROR has been annexed with this bail application, which also reveals that the accused-person and his wife were leading their conjugal life in a separate mess. Mr. Sarkar, has urged before this court that this is a fit case to release the accused-person on bail considering the entire circumstances of the incident.

Mr. S. Debnath, learned Additional PP has submitted the case diary and urged this court to peruse two sets of statements as revealed from the case diary. One set of statement was made by the parents of the accused-person as well as the co-villagers including the daughter of the accused-person and the deceased. Another set of witnesses are of the complainant and her relatives.

I have perused the case diary as well as the statement of all the witnesses as available in the case diary.

The most vital witnesses, according to me, are the daughter of the accused person, namely, Anupta Datta as well as a co-villager. It transpires from their statements that there was an altercation between the accused person and his deceased wife. The deceased was scolding and beating her daughter, Anupta, and being impatient with her attitude and behaviour, the accused-person had interfered and asked to stop the ill behaviour towards her daughter, he slapped his deceased wife and came out of the room with his daughter. All on a sudden, the deceased locked the gate from inside and tried to commit suicide by hanging herself. Somehow, the accused-person and his father opened the gate with an alternate key and entered into the house and saved the deceased from committing suicide. Thereafter, the mother of the accused-person as well as other persons had tried to assuade her. Neighbouring people also entered into the house after hearing hue and cry. They also tried to persuade her not to repeat the incident. Thereafter, the deceased wife had invited her daughter to her lap. After sometime, the accused person had taken his daughter for bath and after completion, the daughter entered into the room and found that her mother i.e. the deceased wife was lying on bed and some white fluid was coming out from her mouth. Having found so, she called her father including others. They rushed to the spot and tried to save the deceased by taking her to the hospital but, she succumbed on the way to hospital.

These are the narrations of the incident, as transpired from the witnesses.

On the other hand, the statements made from the side of the complainant appear to be very doubtful. From the statements of the villagers, it is further revealed that the deceased wife of the accused-person never informed them about any ill behaivour or any kind of torture upon her.

After careful perusal of the case diary and also after perusal of the statements of the witnesses, as recorded under Section 161 Cr.P.C., this court prima facie is convinced that the accused-person may be released on bail.

Accordingly, the accused person namely Biplab Datta shall be released on bail on executing a bond of Rs. 50,000/- (Rupees fifty thousand) with one surety of like amount to the satisfaction of Elaka Magistrate. However, it is ordered that the accused person shall not temper with the evidences in any manner whatsoever and shall co-operate the Investigating Officer in the process of investigation.

With the aforesaid direction, the bail application stands allowed and disposed of.

Return the case diary.