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Judgments of Supreme Court of India and High Courts

Md. Asraful Rahaman & Ors vs Unknown on 1 July, 2019

1

01.07.2019

.

167.
as
(Partly
Allowed)
C.R.M. 4351 of 2019

In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed on 16.04.2019 in connection with Dutta
Pukur P.S. Case No.931 of 2018 dated 28.10.2018 under Sections
498A/Section302/Section304B/Section34 of the Indian Penal Code.

In the matter of : Md. Asraful Rahaman Ors.

… Petitioners.

Mr. Sumit Routh.

…for the Petitioners.

Mr. Neguive Ahmed, ld. A.P.P.,
Ms. Zareen N. Khan.

…for the State.

Heard the learned Counsels appearing on behalf of the parties.

It is submitted on behalf of the petitioner that they are in

custody for seven months and trial has not yet commenced.

Learned Advocate appearing for the State opposes the prayer

for bail and submits that the victim suffered unnatural death within

seven months of marriage.

We have considered the materials on record and bearing in

mind the prima facie involvement of petitioner no.1, that is, the

husband in the torture of the housewife who suffered unnatural

death within a year of marriage, we are not inclined to grant bail to

the petitioner no.1.

2

Hence, the prayer for bail of the petitioner no.1 is rejected.

However, in view of the extent of complicity of the petitioner

nos.2 and 3, that is the in laws of the victim housewife and in view of

the protracted period of detention suffered by the petitioner and as

the trial has not yet commenced, we are inclined to grant bail to the

petitioner Nos.2 and 3.

Accordingly, the petitioner nos.2 and 3, namely, Mamuda Bibi

and Ahed Boksh shall be released on bail upon furnishing a bond of

Rs.10,000/- each with two sureties of like amount each, one of

whom must be local, to the satisfaction of the learned Chief Judicial

Magistrate, Barasat subject to condition that the 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 the petitioners fail to appear before the Trial Court

without any justifiable cause, the trial Court shall be at liberty to

cancel his bail in accordance with law without further reference to

this Court.

The application, being C.R.M.4351 of 2019, is disposed of.

(Manojit Mandal,J.) (Joymalya Bagchi, J.)
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