Prasenjit Sarkar vs State Of Assam

Heard Mr. P.K. Das, learned counsel for the accused petitioner and Mr. N.J. Dutta, learned Addl. PP for the State/respondent.

By this application under Section 439 Cr.P.C., the accused-petitioner, namely, Prasenjit Sarkar has sought for bail in connection with Kokrajhar P.S.

Case No. 772/2020, under Sections 498(A)/325/314/315/294 of the IPC read with Section 4 of the Dowry Prohibition Act.

The case diary is received.

Mr. P.K. Das, learned counsel for the accused-petitioner, submits that the accused petitioner has been in judicial custody since 21.12.2020 despite

being innocent. Mr. Das further submits that the incident allegedly took place between the informant/wife and the accused/husband and on earlier

occasion too informant suffered miscarriage. Therefore, Mr. Das submits that keeping in consideration of the length of detention he may be allowed to

be released on bail subject to any conditions.

Mr. N.J. Dutta, learned Addl. PP fairly submits that the case diary shows that there is prima facie incriminating evidence against the accused so far

the cruelty part of allegation is concerned.

The allegation is that on 05.11.2020, night the accused/husband, after consuming alcohol, kicked at the womb of his wife/informant and as a result, she

suffered miscarriage of pregnancy in respect of one baby while the other twin baby was born on 23.11.2020 alive but died after some days and further

that he subjected her to cruelty since after 6(six) months of marriage on demand for dowry.

A perusal of the case diary reveals that the accused has been in judicial custody since 21.12.2020.

There is abundance of incriminating materials showing that the accused had been subjecting the informant wife to cruelty, physical and mental.

The medical report is, however, not available on the case diary.

Be that as it may, keeping in consideration of the length of detention and substantial progress in investigation, it is provided that the accused-petitioner,

named above, shall be released on bail of Rs.30,000/- (Rupees Thirty Thousand) only, with one surety of the like amount to the satisfaction of the

learned C.J.M, Kokrajhar, subject, of course, to the following conditions:

That the accused-petitioner shall co-operate in the investigation as and when required; and

That the accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the

case so as to dissuade him from disclosing such facts either to the Court or to any police officer.

That the accused-petitioner shall refrain from committing any similar offences in future of which he is accused or suspected of commission.

This disposes off the bail application.

Return the case diary.