C.R.M. No. 4294 of 2017
In re:- Debabrata Biswas @ Mejo …. Petitioner.
Re: An application for bail under Section 439 Cr.P.C. affirmed on 5.5.2017 in connection with
Krishnagunj Police Station Case No.97/2017 dated 22.3.2017 under Sections 498A/326/307/34 of the Indian
Mr. Prabir Majumder,
Mr. Snehansu Majumder … For the petitioner.
Mr. Palash Ch. Majhi … For the State.
Heard the learned Advocates appearing on behalf of the parties.
Perused the case diary.
The petitioner is the brother-in-law of the victim housewife, who
is in custody for 54 days.
This case is based on the dying declaration of the victim
housewife recorded by the investigating officer of the case in presence of
her attending Doctor. Although there is no iota of allegation against the
petitioner in the said dying declaration and all allegations are directed
against the husband for setting her on fire and further allegation against
the parents-in-law for torturing her but still Mr. Palash Chandra Majhi,
the learned Counsel for the State opposes the prayer for bail on the
ground that investigation has not been completed.
We are not inclined to consider such unreasonable submission
made by the learned Counsel for the State and we are of the opinion that
this is a fit case for grant of bail to the petitioner.
Accordingly, we allow his prayer for bail.
Let 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, Krishnagar, Nadia.
The application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J.)