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Calcutta High CourtCRM (A)/169/2025rejected

Salem Sk @ Abu Salem v. The State Of West Bengal

2025-01-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

16.01.2025 Sl. No.29 akd [Rejected] C. R. M. (A) 169 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 13.01.2025 in connection with Kaliachak Police Station Case No.1389 of 2024 dated 03.09.2024 under Sections 85/80 of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.6540 of 2024) And In Re: Salem Sk. @ Abu Salem ... ... Petitioner Md. Wasim Akram ... ... for the petitioner Mr. Binoy Kumar Panda Ms. Sana Naaz ... ... for the State 1.

Heard learned Advocates for both the parties. 2.

We have considered the materials on record. Victim was a minor girl. She was tortured by the petitioner and her in-laws. As a result, she committed suicide within two months of marriage. Petitioner contends at the material time he was working at Bangalore and victim had committed suicide at her parental home. These arguments appear to be flimsy as the victim had been subjected to torture continuously prior to the incident by the petitioner and her in-laws which compelled her to commit suicide. Presence of the petitioner at the place of occurrence is not necessary in view of the nature of allegation involving continued torture during the matrimonial life leading to suicide. Under such circumstances, we are not inclined to grant anticipatory bail to the petitioner.

3.

Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 17 th of January 2025 03:55:46 PM

Signed By : ARUP KUMAR DAS High Court of Calcutta 17 th of January 2025 03:55:46 PM