CRM No. 8489 of 2017
Re : An application for bail under Section 439 of the Code of Criminal
Procedure affirmed on 24.08.2017 in connection with Chakdah P.S. Case
No.224 dated 13.04.2017 under Sections 498A/304B/34 of the Indian Penal
In Re : Amit Roy @ Amit Kumar Roy …Petitioner.
Mr. Navanil De,
Ms. Ayantika Roy ..for the Petitioner
Mr. Bidyut Roy,
Mrs. Rita Dutta ..for the State
Heard the learned Counsel appearing for the respective parties and
perused the case diary.
The petitioner is in custody for 138 days. Charge sheet has already
been submitted. Petitioner is the husband of the victim housewife.
It is submitted by the learned Advocate appearing for the petitioner
that it was a case of accidental death. The petitioner made an attempt to
save his wife, the victim housewife, and as a result injury has been
sustained by him. He produces the medical treatment papers of the
petitioner obtained from College of Medicine JNM Hospital, West Bengal
University of Health Sciences.Let a true copy of the same be kept on record.
Our attention has been drawn by the learned State Advocate
towards the medical papers of the victim housewife wherein it is
incorporated that the victim housewife stated before her attending doctor
that while she was cooking, suddenly fire broke out touching her cloth and
body and she was conscious at the time of medical treatment by the doctor
Considering the aforesaid materials in case diary as also considering
that our attention has not been drawn by the learned State Advocate
towards any of the materials in case diary in support of the necessity of
further custodial detention of the petitioner even after submitting the
charge sheet or that in the event bail is granted in his favour he is likely to
abscond. Therefore, we are inclined to grant bail to the petitioner.
Accordingly, we allow the petitioner’s prayer for bail.
The petitioner be released on bail upon furnishing a bond of
Rs.10,000/‐ with two sureties of Rs.5,000/‐ each, one of whom must be local,
to the satisfaction of the learned Additional Chief Judicial Magistrate,
Kalyani, Nadia, on condition that after release, the petitioner shall attend
the trial on each and every date and on the occasion of single default on the
part of the petitioner this bail granted to him shall stand cancelled
automatically without further reference to this Court.
The application for bail accordingly stands disposed of.
(Debasish Kar Gupta, J.)
(Amitabha Chatterjee, J.)