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An Application For Bail Under … vs In Re: Md. Asraful Haque on 3 May, 2017

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10 03.05.2017

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.

And

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
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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.)

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