Jayabrata Singha Roy And ORS. v. State Of West Bengal And ANR

13.02.2024 Item No.2 Ct. No. 29 CHC Rejected C.R.M.(A) 407 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 267 of 2023 dated 04.04.2023 under Sections 498A/325/376/34 of the Indian Penal Code. And In the matter of : Jayabrata Singha Roy & ors. ...... petitioners Mr. Debasis Kar ....for the petitioners Mr. Bitasok Banerjee ....for the State Five petitioners are before us seeking anticipatory bail. All the petitioners before us stand implicated, on the statement of the victim recorded under Section 164 of the Criminal Procedure Code of being tortured both mentally and physically.

So far as physical aspect is concerned, we find that, there are old burn marks found on the body of the victim. We also find that, there are injuries on the victim inflicted by fastening of scarf as also by a bidi.

Considering the materials in the Case Diary, gravity of the offence and involvement of the petitioners in the incident, we are unable to grant anticipatory bail to the petitioners. This application for anticipatory bail is, thus, rejected. CRM(A) 407 of 2024 is disposed of.

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