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Calcutta High CourtCRM (A)/53/2024dismissed as rejected

Basudeb Mandal And ORS v. State Of West Bengal

2024-01-10Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

10.01.2024 Serial no.43 Anticipatory bail [Rejected] Dd CRM (A) 53 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gaighata Police Station Case No. 859 of 2023 dated 29.08.2023 under Sections 306/34 of the Indian Penal Code, 1860.

(G.R. Case No. 2870 /2023 ) -AndIn the matter of : Basudeb Mandal & Ors. ... ...Petitioners Mr. Susnigdho Bhattacharyya, (via VC) Advocate ... ... For the Petitioners Mr. Ranadeb Sengupta, Advocate ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. The wife of the victim went voluntarily went to Gujarat with the petitioners for work.

Learned advocate for the State draws the attention of the Court to the materials in the case diary.

The postmortem report suggests that the victim committed suicide.

There are statements made by neighbours of the victim as also the mother of the victim stating that, the wife of the victim went with the petitioners to Gujarat for work and that, she developed physical relationship with the three petitioners. Upon the victim coming to know of such affairs, he protested whereupon, the petitioners continuously threatened the victim leading up to the suicide.

Role of each of the petitioners in the commission of the suicide by the victim reacquires investigation. Enlarging the petitioners on anticipatory bail will be inimical to the investigations.

In such circumstances, we are unable to grant anticipatory bail to any of the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 53 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)