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Firoj Middey @ Feroj Mirdde & Anr vs Unknown on 30 July, 2019





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.

… Petitioners.

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.)

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