An Application For Bail Under … vs In Re: Md. Naushad Sk @ Md. Naushad … on 19 June, 2017

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43.
19.06.2017

.

ap C.R.M. 5509 of 2017
In the matter of: an application for bail under Section 439 of the
Code of Criminal Procedure filed on 15.06.2017 in connection with
Jamuria Police Station Case No. 126 of 2016 dated 19.04.2016
under Sections 498A/326/307/34 of the Indian Penal Code read
with Sections 3/4 of the Dowry Prohibition Act and adding Section
302 of the Indian Penal Code.

And
In re: Md. Naushad Sk @ Md. Naushad Alam Anr.

… Petitioners

Ms. Sreyashee Biswas,
Ms. Puja Goswami. … for the petitioners

Mr. Antarikya Basu. …. for the State

Heard the learned counsel appearing on behalf of the parties.

Perused the case diary.

The petitioners are the husband and the brother-in-law of the

victim housewife. They are in custody for 426 days. Till date the case

has not been committed. Out of nine charge-sheeted accused

persons, two are on bail and they are sisters-in-law of the victim

housewife.

It is true that on January 12, 2017 a co-ordinate Bench of this

Court rejected the petitioners’ prayer for bail on merit taking into

consideration the dying declaration. After such rejection, there has

been no further progress in the trial.

Now, once again going through the dying declaration, we find

that in that dying declaration there is no specific allegation against
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anyone and it is only alleged that following a quarrel with the

members of the in-law’s house, they set her on fire.

Considering the above facts and the petitioners’ length of

detention in custody and when no case is made out from the side of

the State showing that further custodial detention of the petitioners

is necessary for the purpose of investigation or if the petitioners are

released on bail, they are likely to abscond, we allow their prayer for

bail.

Let the petitioners be released on bail upon furnishing bond of

Rs.10,000/- each with two sureties of Rs.5,000/- each, for each of

the petitioners, one of whom must be local, to the satisfaction of the

Learned Additional Chief Judicial Magistrate, Asansol, West

Burdwan.

The application for bail is, thus, disposed of.

(Ashim Kumar Roy, J.)

(Amitabha Chatterjee, J.)

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