Sujit Sarkar vs Sabita Sarkar (Das)

Arindam Lodh, J

Heard Mr. Subrata Sarkar, learned senior counsel assisted by Mr. K.D. Singha, learned counsel appearing for the accused-applicant. Also heard Mr. S. Ghosh, learned Addl. P.P. appearing for the respondent-State.

This is an application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying for granting bail to the accused namely, Smt. Sabita Sarkar (Das), who was arrested in connection with R.K. Pur Women Police Station case No.2024 WEA 041 for committing offences punishable under Sections 85/103(1)/3(5) of BNS.

Mr. Sarkar, learned senior counsel for the accused has submitted that the deceased, the mother-in-law as well as the husband of the deceased are all nurses serving under the Government of Tripura. The accused person namely, Smt. Sabita Sarkar (Das) has been in custody for allegedly being involved in the crime. Mr. Sarkar, learned senior counsel has submitted that from the Attendance Register it comes to fore that on the date of the incident, the accused namely, Smt. Sabita Sarkar (Das) was on duty in the Gomati District Hospital.

I have perused the Attendance Register. It is found that the accused person was on her duty on that date.

Learned Addl. P.P. has submitted that the post-mortem report is not clear about the cause of the death of the deceased. In this circumstance, the accused may be released on interim bail and the prosecution is required to wait till they receive the SFSL report.

In the light of the above submissions, I am inclined to release the accused person namely, Smt. Sabita Sarkar (Das) on interim bail. Accordingly, Smt. Sabita Sarkar (Das) is directed to be released on bail on furnishing a bond of Rs.25,000/-(Rupees Twenty Five thousand) with one surety of like amount to the satisfaction of the concerned jurisdictional Magistrate as an interim measure.

List the matter on 22.11.2024. Mr. Ghosh, learned Addl. P.P. is directed to furnish the SFSL report on the next date.