C.R.M. 6778 of 2019
In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 22.07.2019 in connection
with Panchla P. S. Case No.48 of 2019 dated 20.02.2019 under
Sections 498A/Section307/Section34 of the Indian Penal Code and adding
Sections 302/Section120B of the Indian Penal Code.
In the matter of : Firoj Middey @ Feroj Mirdde Anr.
Mr. Sandip Chakraborty,
Mr. Ashok Das,
Ms. A. Dey.
…for the Petitioners.
Mr. Saibal Bapuli, ld. A.P.P.,
Mr. Arani Bhattacharyya.
…..for the State.
Heard the learned Advocates appearing for the parties.
It is submitted on behalf of the petitioners that there is
variation in the dying declarations of the victim housewife and the
petitioners who are the in laws of the victim housewife have been
falsely implicated in the instant case.
Learned Advocate appearing for the State opposes the prayer
for anticipatory bail.
We have considered the materials on record including the
history of burn injury noted in the medical papers. There is
nothing in the initial statement noted in the injury report at
Medical College and Hospital relied upon by the petitioner to show
that such statement was made by the victim herself. On the other
hand, dying declaration at page 34 of the Case Diary implicates
the petitioner no.2 as one of the persons who held her when she
was set on fire.
Under such circumstances, we are not inclined in granting
anticipatory bail to the petitioner no.2.
Accordingly, the prayer for anticipatory bail of the petitioner
no.2 is rejected.
However, as petitioner no.1 is not the named in the dying
declaration of the victim, we are inclined in granting anticipatory
bail to the petitioner no.1.
Accordingly, we direct that in the event of arrest the
petitioner viz., Firoj Middey @ Feroj Mirdde shall be released on
bail upon furnishing a bond of Rs.10,000/- with two sureties of
like amount each, to the satisfaction of the arresting officer and
subject to the conditions as laid down under Section 438(2) of the
Code of Criminal Procedure, 1973 and on condition that the
petitioner No.1 shall appear before the trial court and pray for
regular bail within four weeks from date.
This application for anticipatory bail is, thus, disposed of.
(Manojit Mandal,J.) (Joymalya Bagchi, J.)