JYOTILAL DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This application for bail has been filed by the petitioner Sri Jyotilal Das on behalf of the accused Sri Naresh Das in respect of Santirbazar Police Station case No.58 of 2014 registered under section 304B of the Indian Penal Code (IPC).

(2.) Briefly stated, the allegations of the prosecution are that the son of the accused Shyamal Das was married to Smt. Mampi Das, daughter of the complainant. It is alleged that dowry was given at the time of marriage but the accused persons including the husband and the father -in -law (the accused), the mother -in -law etc. treated the daughter with cruelty. It is alleged that thereafter the accused persons killed the daughter of the complainant and threw the dead body of the daughter in a rubber garden. The present accused being the father -in -law of the deceased, her husband Shyamal Das, the mother -in -law Smt. Rupali Das and the brother -in -law Tarun Das of the deceased were all made the accused. They were arrested on different dates. Smt. Rupali Das, the mother -in -law, was enlarged on bail vide order dated 19.11.2014 on the ground of the treatment of her granddaughter. As far as the brother -in -law Tarun Das is concerned, he was granted anticipatory bail by this Court. Thereafter, Shyamal Das, the husband of the deceased, was released on bail and on the same day, the prayer made by the present accused for being released on bail was rejected. The only reasons given by the learned Magistrate are as follows: -

(3.) As far as the bail granted to Smt. Rupali Das is concerned, there is no error in that order. However, the grant of bail to Shyamal Das and rejection of the bail of Naresh Das has been made on grounds which are totally irrelevant.