Extracted from the PDF above. The PDF is authoritative.
05.03.2025 Item No.20 Court No.26
S.D. (Bail granted)
CRM (DB) 4350 of 2024
In re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Tangra Police Station Case No. 280 of 2022 dated 01.10.2022 under Sections 498A/304B/34 of Indian Penal Code and under Sections 3/4 of the Dowry Prohibition Act. -And-
In the matter of: Md. Sabir
… … Petitioner
Mr. Ayan Basu Sk. Salim Mr. Sumit Routh
… … For the Petitioner
Mr. Anadn Keshri
Mr. Abhishek Verma
…For the State
Report as called for by the order dated February 20, 2025 filed in Court be taken on record. Report speaks of the following health conditions of the petitioner before us. “The above named accused has been suffering from Hepatitis B, Headache, Bifrontal, doubling of vision, asthma, weakness, exertional shortness of breath, interrupted night sleep, Type-II Diabetes Mellitus, Hypertension. He has history of acute excavation with type-II respiratory failure in 2018. Since then he is on Bi-PAP ventilation. He has at present day time sleepiness with chocking attacks
2 during sleep. He is on regular treatment of SSKM Hospital.”
Petitioner is in custody in excess of 2 years and 5 months. Charges are yet to be framed. Possibility of the trial ending any time soon does not appear to be remote. Victim apparently committed suicide living behind a suicide note where she implicates the petitioner before us also. The issue as to whether the petitioner abeted the commission of the suicide or not, may be decided at the trial. Court is informed that March 19, 2025 is fixed for framing of charge, Further detention of the petitioner in custody given his health condition is not felt. In such circumstances, we grant bail to the petitioner. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Sealdah, South 24 Parganas subject to the condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.
3 In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. The prayer for bail of the petitioner is allowed. C.R.M.(DB) 4350 of 2024 is disposed of. (Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)