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In Re:- Koresh Khan vs Re: An Application For Bail Under … on 27 July, 2017

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84 27.7.2017

C.R.M. No.7186 of 2017

p.d.

In re:- Koresh Khan …. Petitioner.

-And-

Re: An application for bail under Section 439 Cr.P.C. affirmed on 25.7.2017 in connection with
Junput Coastal Police Station Case No.20 dated 22.4.2017 under Sections 498A/307 of the Indian Penal
Code read with Section 3 and 4 of the Dowry Prohibition Act and adding Section 304B of the Indian Penal
Code.

Mr. Navanil De,
Mrs. Ayantika Roy … For the petitioner.

Ms. Zareen N. Khan,
Mrs. Debjani Sahoo …. For the State.

Heard the learned Advocates appearing on behalf of the parties.

Perused the case diary.

The petitioner is the husband, who is in custody for 98 days

and investigation is over and charge sheet has been submitted.

We find that in this case, there are two successive dying

declarations of the victim and the first dying declaration was made

immediately after the incident and while therein she disclosed that she

herself set her on fire but in the next dying declaration, which was

made three days thereafter, she implicated the petitioner for setting her

on fire.

Be that as it may and considering the other materials collected

during investigation and when no case is made out from the side of the

State showing that further custodial detention of the petitioner is
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necessary even after submission of the charge sheet or if he is released

on bail, he is likely to abscond, we allow his prayer for bail.

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 Chief Judicial

Magistrate, Purba Medinipur at Tamluk.

The application for bail is, thus, disposed of.

(Ashim Kumar Roy, J.)

(Ashis Kumar Chakraborty, J. )

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