C.R.M. 3002 of 2019
In Re: – An application for bail under Section 439 of the Code of
Criminal Procedure filed on 12/03/2019 in connection with
Maheshtala P.S. Case No.425 of 2017 dated 21/07/2017 under
Sections 498A/306/448/354B/34 of the Indian Penal Code.
In the matter of: Goutam @ Gautam Roy.
Mr. Firoz Edulji
Mr. Sekhar Barman
Mr. R. Mukherjee
…for the petitioner.
Mr. Shiladitya Banerjee
…for the State.
The petitioner seeks bail in connection with Maheshtala P.S. Case
No.425 of 2017 dated 21/07/2017 under Sections 498A/306/448/354B/34
of the Indian Penal Code.
The petitioner is the husband of the victim who committed suicide
within a few years of her marriage. The petitioner has been in custody for
more than 590 days and renews the prayer in the midst of the recording of
The State says that the petitioner had a relationship with some other
which the victim protested and, upon the petitioner not paying any heed to
the victim, the victim may have been driven to suicide. The State refers to the
dying declaration of the victim. The petitioner has not been implicated by the
wife in the incident which culminated in her death.
There is no doubt that a statutory presumption comes into play. It is
also appreciated that there is substantial material against the petitioner to
indicate that the petitioner may not have had a healthy relationship with the
wife or may even have demanded dowry and tortured his wife for such
purpose. However, what is equally evident is that the petitioner may not have