C.R.M. No.7186 of 2017
In re:- Koresh Khan …. Petitioner.
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
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
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
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. )