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.
In re: Md. Naushad Sk @ Md. Naushad Alam Anr.
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
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
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
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
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J.)