Application for bail under Section 439 CrPC in a murder and cruelty case was rejected. The court refused bail citing the petitioner's prolonged absconding and implicate in the dying declaration of the victim.
Application for bail under Section 439 CrPC rejected; petitioner detained in custody.
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16.01.2023 Sl. No.32 akd [Rejected]
C. R. M. (DB) 111 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.01.2023 in connection with New Town Police Station Case No.09 dated 10.01.2012 under Sections 498A/302 of the Indian Penal Code.
And
In Re: Uttam Majhi
… … Petitioner
Mr. Manas Kumar Das Mr. Aritra Kumar Thokdar
… … for the petitioner
Mr. Saswata Gopal Mukherjee .. ld. Public Prosecutor Mr. Aniket Mitra
… … for the State
It is submitted on behalf of the petitioner that he is in custody for about one year and six months. It is further submitted petitioner has been falsely implicated in the instant case.
Learned Advocate for the State opposes the prayer for bail and submits victim-housewife was assaulted and set on fire. Petitioner absconded for a protracted period of time.
We have considered the materials on record. Petitioner is the husband of the victim-housewife. Dying declaration of the victim implicates the petitioner in the murder. He had absconded for a protracted period of time. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.
The application for bail is thus rejected .
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)
2
2 issues framed by the court
Whether bail should be granted to the petitioner who has absconded for a protracted time and is implicated in the murder of his wife.
Whether the petitioner deserves bail after six months of custody when the dying declaration implicates him in the crime.
2 provisions across 2 enactments
Uttam Majhi
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
