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HIGH COURT OF TRIPURA

_A_G_A_R_T_A_L_A_

B.A. No.9/2019

Sri Sukhesh Biswas alias Mithun,

S/o Lt. Sudhir Chandra Biswas,

resident of Vill : Durganagar (Biplabi Surjya Sen Sarani),

P.O & P.S : - Khowai, District : Khowai Tripura.

.………… Accused applicant(s).

Versus

The State of Tripura

………….. Respondent(s).

_B_E_F_O_R_E_

HON’BLE THE CHIEF JUSTICE MR. SANJAY KAROL

For the applicant(s) : Ms. Rajashree Purkayastha, Advocate.

For the respondent(s) : Mr. Amitabha Roy Barman, Addl.P.P.

Date of hearing

: 28^th March, 2019.

Date of judgment

: 12^th April, 2019.

Whether fit for reporting :

J U D G M E N T

Applicant, who is facing trial for allegedly having

committed murder of his wife, seeks bail on two grounds; (a) the

other co-accused stands released on bail and (b) he is in custody

for more than 115 (one hundred and fifteen) days.

[2]

In relation to death of Smt. Rinku Datta(Biswas), wife

of the accused, police registered Case No.2018/KHW/114 at Police

Station, Khowai, under Sections 498A/302/34 of IPC. This was on

30^th September, 2018 when the accused-husband and the other

Yes No

√

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co-accused i.e. his real brother and mother namely, Sri. Subhra

Biswas and Smt. Krishna Biswas were arrested.

[3]

It is a matter of record that Smt. Krishna Biswas

stands released on bail vide order dated 29^th January, 2019

passed by a Sessions Judge, Khowai, in Case No.ST(T-1)30 of

2018 titled as The State of Tripura Vrs. Sri Sukesh Biswas &

others and subsequently, vide order, dated 22^nd February, 2019,

passed by this Court in B.A. No.02/2019 titled as Sri Subhra

Biswas alias Manti Vrs. The State of Tripura, co-accused Sri

Subhra Biswas also stands released.

[4]

It is a settled principle of law that the accused cannot

claim parity when it comes to seeking relief under Section 439

Cr.P.C, for each case has to be seen on the attending facts and

circumstances, depending upon the nature of crime; the role

played by each one of the accused persons; right of the accused

vis-à-vis public interest as also interest of justice [see : Rajesh

Ranjan Yadav alias Pappu Yadav, (2007) 1 SCC 70] in

setting the accused on bail or directing him to continue with

incarnation.

[5]

In any event, perusal of orders passed in favour of

the co-accused reveals that they were not permanently residing as

a single family unit with the accused and the deceased. They were

maintaining separate kitchen and having separate establishments.

Apparently, there were no previous allegations of involvement of

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the said accused in the crime. Also mother is aged and trial Court

granted bail in the attending facts and circumstances.

[6]

Coming to the instant case, one finds that the husband

Sukesh Biswas, as per the allegations made in the complaint and

the challan presented in Court, had been subjecting his wife i.e.

the deceased namely, Rinku Datta(Biswas), to cruelty as defined

under the provisions of Section 498A of the Act.

[7]

There are serious allegations of dowry demand and

the deceased having been subjected to mental and physical

cruelty.

[8]

Not only that, allegedly accused killed his wife by

using a sharp edged weapon, which was recovered on the basis of

his disclosure statement. He is also alleged to have confessed

having committed the crime which, if proven to be correct, was

committed in the most heinous and barbaric manner. It would

definitely constitute a cold blooded murder. First, he scratched the

neck of his wife by using a sharp blade and allowed her to bleed

slowly and when she retaliated, he brought a „Bati Dao‟ (a sharp

edged weapon) from the kitchen and after tying her mouth with a

towel, cut her throat. Thereafter, he tried to destroy the material

evidence by dumping the