C. R. M. 2771 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 07.03.2019 in connection with Raina Police Station Case No. 175 of
2018 dated 20.09.2018 under Sections 498A/306/34 of the Indian Penal Code. (G.R.
Case No. 2894 of 2018)
In Re: Nasir Dewan @ Nasiruddin Dewan
… … Petitioner
Mr. Robiul Islam .. Advocate
… … for the petitioner
Mr. Sandip Chakraborty .. Advocate
… … for the State
Heard the learned advocate appearing for both the parties.
It is submitted on behalf of the petitioner that his wife committed suicide eight
years after marriage and that he has been falsely implicated in the instant case.
Learned advocate for the State produces the case diary and opposes the prayer
for anticipatory bail.
We have considered the materials on record including the statements of the
witnesses recorded under Section 161 of the Code of Criminal Procedure. While some of
the witnesses have made general and omnibus allegations, other witnesses claimed that
the petitioner had married for the second time and as a consequence the victim-housewife
committed suicide. It is a matter to be decided in the course of trial whether the conduct of
the petitioner constitutes an act of abetment for commission of suicide particularly in the
absence of statutory presumption under Section 113A of the Evidence Act. In the light of
the aforesaid facts, we are of the opinion that custodial interrogation of the
accused/petitioner may not be necessary in the facts of the present case and he may be
granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely
Nasir Dewan @ Nasiruddin Dewan, be released on bail upon furnishing a bond of
Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the
satisfaction of the arresting officer and also be subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition
that he shall appear before the court below and pray for regular bail within a fortnight from
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)