An Application For Bail Under … vs In Re: Sk. Lalan on 27 July, 2017

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27.07.2017

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Allowed
CRM No.7004 of 2017

In the matter of an application for bail under Section 439 of the Code of Criminal
Procedure filed on 19.07.2017 in connection with Indas Police Station Case
No.284 of 2016 dated 13.12.2016 under sections 498A/304B of the Indian Penal
Code and sections 34 of the Dowry Prohibition Act

And

In re: Sk. Lalan … Petitioner (In Jail)

Mr.Malay Bhattacharyya… for the petitioner

Mr.Binay Panda
Mr.Subham Kanti Bhakat … for the State.

Heard the learned advocates appearing on behalf of the

parties. Perused the case diary.

The petitioner is the husband.

We find that essentially this case is based on three (3)

successive dying declarations of the victim recorded at the hospital.

In the first dying declaration, she claimed that she herself set

her on fire. Thereafter, she made another dying declaration, where

she disclosed that it is not she herself, but her mother-in-law, sister-

in-law and the husband of sister-in-law set her on fire.

Now, in the third dying declaration, which was recorded in

presence of her mother, she for the first time implicated the present

petitioner for setting her on fire.

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Considering the above facts and other materials collected

during investigation and the when investigation is over and charge

sheet has been submitted and when no case is made out from the

side of the State that if the petitioner is released on bail, he is likely

to abscond, the prayer for bail of the petitioner stands allowed.

Let the petitioner be released on bail upon furnishing a Bond

of Rs.10,000/-, with two sureties of Rs.5,000/- each, one of whom

must be local, to the satisfaction of the learned Additional Chief

Judicial Magistrate, Bishnupur, Bankura..

Accordingly, this application for bail is disposed of.

(Ashim Kumar Roy, J.)

(Ashis Kumar Chakraborty, J.)

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