High CourtsSingle Bench(2021) 05 GAU CK 0023

Ram Krishna Talukdar vs State Of Assam

Gauhati High Court · Decided on 28 May 2021

HON’BLE JUDGES
Suman Shyam, J
RESULT
Disposed Off
CASE NUMBER
Bail Application No. 934 Of 2021

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Judgment

19 paragraphs · 368 words

Heard Mr. S. Biswas, learned counsel for the petitioner. I have also heard Mr. N.J. Dutta, learned APP, Assam, appearing for the State.

The petitioner in this case was arrested on 19/03/2021 in connection with Paltan Bazar P.S. Case No. 279/2021 registered under Section 302 of the

IPC and since then, he is in custody.

By filing this application under Section 439 of the Cr.P.C., the petitioner is seeking his release on bail.

Mr. Biswas submits that the victim is the wife of the petitioner and he himself had lodged an FIR Page No.# 2/2 relating to the death of his wife. Mr

Biswas further submits that the victim was suffering from several ailments, which had led to her unfortunate demise. Under the circumstances, the

petitioner, who is in custody for more than 70 days, be released on bail.

The learned APP has produced the Case Diary.

I have perused the Case Diary through remote Video Conferencing (RVC) with the assistance of the learned APP.

It appears from the case diary that the cause of death of the victim could not be ascertained during post mortem examination. The Inquest report and

the post mortem report does not prima facie point towards any foul play leading to the death of the victim.

Therefore, having regard to the length of custodial detention of the petitioner and in view of the fact and circumstances of the case, I am of the

opinion that the petitioner has made out a good case for releasing him on bail.

It is, therefore, ordered that the petitioner viz. Shri Ram Krishna Talukdar be allowed to go on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty

thousand) and one local surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M).

It is further provided that the petitioner shall render full cooperation in the investigation in the connected police case and he shall not tamper with any

evidence nor try to influence or coerce any witness connected with this case.

Failure to comply with any of the above conditions, may lead to cancellation of the bail granted by this Court.

With the above observations, the bail application stands disposed of.