Sefali Thapa v. State Of West Bengal47

C.R.M. (DB) 456 of 2022 24.02.2022 Sl. 38 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.02.2022 in connection with Kharagpur All Women P.S. Case No. 75 of 2021 dated 18.11.2021 under Sections 498A/323/307/406/506/509/34 of the Indian Penal Code and 3/ 4 of the Dowry Prohibition Act. And In the matter of: Sefali Thapa ....petitioner.

Mr. Sumanta Chakraborty ...for the petitioners.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. T. K. Ghosh Mr. P. Paul ...for the State.

Mr. Ayan Basu Mr. Sourav Bera Mr. Sumit Routh ...for the defacto complainant.

Petitioner seeks bail.

It is pointed out on behalf of the State by the learned Public Prosecutor as well as by the learned advocate for the defacto complainant that the petitioner is guilty of suppression of material facts.

It appears from the records made available to the Court that the petitioner approached to the Sessions Court for bail on February 7, 2022. Such bail petition was pending when the petitioner affirmed this application on February 8, 2022 and filed the same on February 11, 2022. The application before the Sessions Court was dismissed as not pressed on February 15, 2022.

The first paragraph of the present application for bail does not contain any statement with regard to such course of action being taken at the behest of the petitioner.

In such circumstances, we are of the view that the

petitioner is guilty of suppression of material fact. Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are unable to grant bail to the petitioner. The conduct of the petitioner in suppressing material facts before this Hon'ble Court is deprecated. The petitioner is put on notice that in the event, such attempts are made in future, the petitioner will be visited with serious consequences including a direction for custodial trial.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. (DB) 456 of 2022 is dismissed.

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