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Calcutta High CourtCRM (A)/598/2022dismissed

Sk Sartaj @ Suraj And ORS v. State Of West Bengal

2022-02-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

CRM (A) 598 of 2022 09.02.2022 Sl. 10 Court No.29 suvayan (rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No. 1048/2021 dated 29/11/2021 under Sections 363/365/328/34 of the Indian Penal Code with Sections 9/10/11 of Prohibition of Child Marriage Act.

And In the matter of: Sk Sartaj @ Suraj & Ors.

....petitioners.

Mr. Debabrata Ray Mr. Asfak Ahammed ... for the petitioners.

Mr. Soumik Ganguly ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submit that the petitioner No. 1 and the victim were married. He submits that the petitioners were falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Criminal Procedure Code of the victim. He submits that the investigations are yet to be concluded.

Considering the fact that the gravity of the offence and the involvement of the petitioners and considering the statements recorded under Section 164 of the Criminal Procedure Code of the victim, we are unable to grant anticipatory bail to the petitioners. The application for anticipatory bail, being CRM (A) 598 of 2022, is rejected.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)