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Calcutta High CourtCRM (A)/544/2023dismissed as rejected

Swapan Mondal @ Swapan Mandal And ORS v. State Of West Bengal

2023-02-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

07.02.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 544 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 1165 of 2022 dated 12.09.2022 under Sections 498A/304B/34 of the Indian Penal Code read with Sections 3/ 4 of the Dowry Prohibition Act. And In Re : Swapan Mondal & Ors.

...... petitioners Mr. Kaushik Chowdhury Ms. Busra Khatun ....for the petitioners Mr. S. G.Mukherjee, learned Public Prosecutor Mr. Partha Pratim Das Ms. Eshita Dutta ....for the State The post mortem report of the victim suggest that, the victim was subjected to assault before death which was caused by hanging.

The case diary contains a statement recorded under Section 161 of the Code of Criminal Procedure suggesting that the petitioners were involved in the assault of the victim. The investigations are yet to be concluded.

At this stage, enlarging the petitioners on anticipatory bail may be inimical to the investigations.

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

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 544 of 2023 is dismissed.

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