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Calcutta High CourtCRM (A)/373/2023dismissed as rejected

Raju Chowdhury And ANR v. State Of West Bengal

2023-01-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

31.01.2023 Serial no. 14 [Dd] (Anticipatory bail) (Rejected) CRM (A) 373 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chinsurah Police Station Case No. 511 of 2022 dated 11.10.2022 under Sections 498A/313/406/323/341/34 of the Indian Penal Code.

-AndIn the matter of : Raju Chowdhury & Anr. ... ...Petitioners Mr. Abhra Mukherjee, Mr. Sauradeep Dutta, Mr. S. K. Mondal, Advocates ... ... For the Petitioners Mr. Saswata Gopal Mukherji, ld. PP Mr. Partha Pratim Das Ms. Eshita Dutta, Advocates ... ...For the State Petitioners renew the prayer for anticipatory bail. Earlier, an application for anticipatory bail of the petitioners was dismissed as not pressed on December 16, 2022 in CRM(A) 5869 of 2022.

It is contended on behalf of the petitioners that the earlier application was dismissed as not pressed due to disputes between the petitioners and the erstwhile advocate. We deem it appropriate not to enter into such an arena as to why the earlier application was dismissed as not pressed, in the facts and circumstances of the present case. There are materials in the case diary implicating both the petitioners in the allegations.

The police complaint was lodged within two years of marriage.

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

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 373 of 2023 is dismissed.

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