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Judgments of Supreme Court of India and High Courts

Of The Indian Penal Code vs In Re: Abdul Kader on 13 March, 2019

1

13.03.2019

Item No.53
Court No.16
AP
CRM No.2722 of 2019

Re: An application for bail under Section 439 of the Code of Criminal
Procedure filed on 5th March, 2019 in connection with Rajganj Police
Station Case No.291/2018 dated 23.10.2018 under Sections 498A/302/34
of the Indian Penal Code.

And

In Re: Abdul Kader
…Petitioner

Mr. Pravas Bhattacharya
… For the Petitioner

Mr. Ranabir Roy Chowdhury
Mr. Mainak Gupta
… For the State

The petitioner seeks bail in connection with Rajganj Police Station

Case No.291/2018 dated 23.10.2018 under Sections 498A/302/34 of the

Indian Penal Code.

The petitioner is the husband of the victim. The victim was found

hanging from a window, though the post-mortem report indicates that the

death was due to shock and asphyxia, but there is no observation as to

whether the death was suicidal or homicidal.

It was the petitioner’s second wife who suffered the unnatural death.

The evidence is that the petitioner tortured both the first wife and the

second wife and his penchant for dowry was insatiable. The State refers to

some of the neighbours’ statements in such regard.
2

The petitioner says that some of the other accused have been granted

bail by this Court on February 26, 2019 on appreciating that shortly before

the incident the victim had called up her brother and asked for some

money for the treatment of the victim’s son. The petitioner submits that the

victim committed suicide as she was found hanging.

Considering the material, particularly in the post-mortem report, it is

not clear as to whether victim committed suicide. Considering that it was

the second wife of the victim and the statements of the neighbours are that

the petitioner consistently tortured both wives and made demands for

dowry, it may not be prudent to enlarge the petitioner on bail at this stage.

CRM 2722 of 2019 is rejected.

(Sanjib Banerjee, J.)

(Suvra Ghosh, J.)

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