C. R. M. 4641 of 2019
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on
30.05.2019 in connection with Dhubulia Police Station Case No. 70 of 2018 dated
21.03.2018 under Sections 498A/Section326/Section307/Section34 of the Indian Penal Code.
In Re: Sujabul Saikh Anr.
… … Petitioners
Mr. Sumanta Das .. Advocate
… … for the petitioners
Mrs. Sukanya Bhattacharyya .. Advocate
Mr. Mirza Firoj Ahmed Begg .. Advocate
… … for the State
The petitioners are seeking bail in connection with a case relating to offences
punishable under Sections 498A/Section326/Section307/Section34 of the Indian Penal Code.
Petitioner no.1 is in custody for about 435 days and petitioner no.2 is in custody
for about 195 days. It is submitted on behalf of the petitioners that there is hardly any
possibility of the trial concluding in the near future.
Learned Counsel for the State opposes the prayer for bail and submits that the
petitioners tried to set the housewife on fire. He further submits that date for recording of
prosecution evidence has been fixed.
We have considered the materials on record. Although the allegations are
serious, keeping in mind the protracted period of detention suffered by the petitioners and
as the possibility of the trial concluding in the near future is bleak, we are of the opinion
that further detention of the accused/petitioners is not necessary.
Therefore, the accused/petitioners, namely (1) Sujabul Saikh (2) Murshida
Bibi, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand
only) each, with two sureties of like amount each, one of whom must be local, to the
satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnanagar subject to
condition that the said petitioners shall appear before the trial court on every date of
hearing until further orders and shall not intimidate witnesses or tamper with evidence in
any manner whatsoever.
In the event they fail to appear before the trial court without justifiable cause, the
trial court shall be at liberty to cancel their bail automatically without reference to this
The application for bail, thus, stands allowed.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)