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Calcutta High CourtCRM (A)/797/2023dismissed as rejected

Abhijit Ruidas@Avijit Ruidas v. State Of West Bengal

2023-02-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

22.02.2023 Serial no. 50 [Dd] (Anticipatory bail) (Rejected) CRM (A) 797 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bankura Women Police Station Case No. 142 of 2022 dated 10.12.2022 under Sections 498A/325/307/506/34 of the Indian Penal Code.

-AndIn the matter of : Abhijit Ruidas @ Avijit Ruidas ... ...Petitioner Mr. Kaushik Chowdhury, Ms. Busra Khatoon, Advocates ... ... For the Petitioner Mr. Bidyut Kr. Roy, Ms. Sima Biswas, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate for the petitioner submits that the police complaint was lodged 14 years after the marriage. Police filed charge sheet and, therefore, custodial interrogation of the petitioner is not required.

Learned advocate for the State draws the attention of the Court to the statement recorded under Section 164 of the Criminal Procedure Code of the victim and two eye-witnesses. The victim and her two children squarely implicate the petitioner in the incident of assault and torture. Apparently, the petitioner used to return in drunken condition and assaulted the victim regularly.

Considering the gravity of the offence and the involvement of the petitioner in the incident, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 797 of 2023 is dismissed.

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