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Calcutta High CourtCRM (A)/323/2023dismissed as rejected

Ejaz Afzal v. State Of West Bengal

2023-01-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

24.01.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 323 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Narkeldanga Police Station Case No. 414 of 2022 dated 17.10.2022 under Sections 498A/324/354/406/506/34 of the Indian Penal Code and Sections 3/4 of the D.P. Act. And In Re : Ejaz Afzal ...... petitioner Mr. Imtiaz Ahmed Ms. Ghazala Firdaus Ms. Smita Saha Mr. Sk. Saidullah Mr. Mithun Mondal Mr. Md. Arsalan ....for the petitioner Mr. S. S. Imam Mr. Arabinda Manna ....for the State The petitioner before us is a school teacher. It is submitted on behalf of the petitioner that, all the 'stridhan' articles will be returned.

There are materials in the case diary implicating the petitioner. The petitioner did not comply with two notices issued under Section 41A of the Code of Criminal Procedure. Process for issuance of warrant of arrest was initiated. The 'stridhan' articles are yet to be returned.

The police complaint was lodged within two years of marriage.

Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 323 of 2023 is dismissed.

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