SK Court No.26
CRM 3625 of 2017
In the matter of an application for bail under Section 439 of the
Code of Criminal Procedure filed on 25.04.2017 in connection
with Lalgola Police Station Case No. 312/16 dated 30.08.2016
under Sections 498A/304B of the Indian Penal Code.
In Re: Md. Asraful Haque Petitioner.
Mr. Angshuman Chakraborty,
Mr. Shashanka Shekhar Saha ……For the Petitioner.
Mr. Bidyut Roy,
Mrs. Rita Dutta … For the State.
Heard the learned counsel appearing on behalf of the
parties. Perused the Case Diary.
The petitioner is the husband. He is in custody for 200
days. Today is the date fixed for framing of charge.
We find from the case diary that the case is based on
successive dying declarations of the victim. In the first two dying
declarations made before the doctor, while the victim disclosed
that it was a case of self- immolation, but in the last one which
was also recorded by the doctor, she implicated the present
petitioner and her parents-in-law for setting her on fire. We find
that the doctors, who recorded the first two dying declarations
and the staff nurse in whose presence such dying declarations
were recorded, were examined during the investigation and they
corroborated such facts. Not a single neighbouring people was
examined in connection with this case.
Now, considering the above facts and the petitioner’s
length of detention in custody and when no apprehension has
been disclosed from the side of the State that if the petitioner is
released on bail, he is likely to abscond or his further custodial
detention is necessary for the purpose of investigation, the
prayer for bail is allowed.
Let the petitioner be released on bail to the satisfaction of
the Learned Chief Judicial Magistrate, Murshidabad upon
furnishing Bond of Rs. 10,000/- with two sureties of Rs. 5,000/-
each, one of whom must be local.
The instant application for bail is, thus, disposed of.
(Ashim Kumar Roy, J.)
(Amitabha Chatterjee, J.)