Bail must be granted based on an assessment of facts and not merely on detention duration; courts must examine the case thoroughly to justify any detention.

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 S.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: -
'Heard both sides. After hearing both the sides and considering the period of detention of the accd. Shyamal Das, his bail prayer is allowed, and considering the detention period of other accd. Naresh Das his bail prayer is rejected.'

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.

4. Repeatedly this Court has held that the Presiding Officers of the Courts in the State of Tripura are not caring to read the provisions of the Bare Act. Answers to most questions which arise in legal proceedings can be found if the bare section is analysed properly. Reference to authorities is made without caring to refer to the sections. Therefore, I propose to issue certain guidelines and directions in this order.

5. Chapter XXXIII of the Code of Criminal Procedure (Cr.P.C.) deals with bail and bonds. S.436, S.437 and S.439 are important for our purpose and read as follows: -
'436. In what cases bail to be taken.-- (1) When any person other than a person accused of a non - bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided: Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of S.116 or S.446A.
(2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail - bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before t