CRM 7595 of 2019
In re: An application under Section 439 of the Code of Criminal Procedure filed
on 16.08.2019 in connection with Debra Police Station Case No.168/2019 dated
22.03.2019 under Sections 498A/Section304B/Section302/Section34 of the Indian Penal Code and
Sections 3/Section4 of the Dowry Prohibition Act.
In the matter of: Nishat Parvez.
Mr. Ayan Basu,
Mr. Prabir Kumar Das,
Mr. Sumit Routh.
…for the petitioner.
Mr. Lalmohan Hazra,
Mr. S. C. Panja,
Ms. Anuradha Hazra.
….for the defacto complainant.
Mr. Pradipta Kr. Ganguly.
…..for the State.
Although, allegation is very serious against the husband of the petitioner,
but from the statements recorded under Section 161 of the near relations of the
victim, we do not find any direct involvement of the accused/petitioner in the
commission of the alleged offence in particular the injury shown to have been
detected on the victim in the Post Mortem Report. The petitioner is in custody for
over 160 days and there is no dispute that out of ten charge sheeted accused
persons, seven are already on bail. Other material evidences recorded under
Section 161 also do not specifically implicate the accused person regarding
commission of injury, in particular, the head injury complained of by the defacto
complainant. We do not justify any further custodial investigation against the
We, therefore, direct that in the event of arrest the petitioner shall be
released on bail upon furnishing bond of Rs.20,000/- with two sureties of
Rs.10,000/- each, one of whom must be local to the satisfaction of the learned
Chief Judicial Magistrate, Paschim Medinipur subject to the condition that on each
and every date of hearing the petitioner shall attend the court below and on further
condition that the accused shall not neither intimidate any witness nor shall
tamper with any evidence failing any of the conditions mentioned herein the
learned court below will be at liberty to cancel the bail of the petitioner in
accordance with the law.
The application for bail is, thus, allowed.
CRM 7595 of 2019 stands disposed of.
(Sahidullah Munshi, J.)
(Subasis Dasgupta, J.)