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.
In Re: Abdul Kader
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.
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.)