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Calcutta High CourtCRM (A)/99/2024dismissed as rejected

Belu Mal And ANR v. State Of West Bengal

2024-01-16Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

16.01.2024 Serial no. 8 Anticipatory bail [Rejected] Dd CRM (A) 99 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathganj Police Station Case No. 984 of 2023 dated 26.11.2023 under Sections 498A/302/34 of the Indian Penal Code, 1860.

(G.R. Case No. 3146 /2023 ) -AndIn the matter of : Belu Mal & Anr.

... ...Petitioners Mr. Usof Ali Dewan, Mr. Asif Dewan, Advocates ... ... For the Petitioners Mr. Debasish Roy, PP Mr. Rudradipta Nandy, APP Mr. Amanul Islam, Advocates ... ...For the State Petitioners are the in-laws of the victim.

Learned advocate appearing for the petitioners submits that no specific role was ascribed to any of the petitioners. The death occurred after 14 years of marriage. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. There are several statements recorded under Section 164 of the Criminal Procedure Code.

One of the statements places the petitioners before us at the place and time of occurrence. All the statements speak of previous assault on the victim by the petitioners and toture. Two other statements ascribe specific role to the husband of the victim.

The victim, apparently, was murdered.

The petitioners before us were at the place of occurrence and that there are previous antecedents of the petitioners assaulting the victim.

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

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 99 of 2024 is dismissed.

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