Sabir Ali @ Sabir Ali Karikar v. State Of West Bengal

02.03.2023 Serial no. 4 & 15 [Dd] (Anticipatory bail) (Rejected) CRM (A) 634 of 2023 In the matter of : Hasina Ali @ Hasina Bibi Karikar With CRM (A) 900 of 2023 In the matter of : Sabir Ali @ Sabir Ali Karikar In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 553 of 2022 dated 30.11.2022 under Sections 498A/323/325/313/406/506/34 of the Indian Penal Code.

-AndMr. Prabir Majumder, Mr. Snehansu Majumder, Advocates ... ... For the Petitioner Mr. Pravas Bhattacharya, Mr. Pratick Bose, Advocates ... ...For the State in CRM (A) 634 of 2023 Mr. Sudip Kumar, advocate .. ...For the State in CRM (A) 900 of 2023 Two applications for anticipatory bail are taken up for consideration as they emanate from the same police case. CRM (A) 634 of 2023 is at the behest of the mother-in-law of the de facto complainant while CRM (A) 900 of 2023 is at the behest of the husband of the de facto complainant. There are statements recorded under Section 161 of the Criminal Procedure Code of neighbours claiming that both the petitioners were involved in the incident of assaulting the de facto complainant whereupon, the de facto complainant suffered an abortion. Both the petitioners are implicated in the act of torture and assault on the de facto complainant. Police complaint was filed within 2 and 1⁄2 years of marriage.

Considering the gravity of the offence and the involvement of the petitioners in the incident, we are unable to grant anticipatory bail to both the petitioners in the two applications. Prayers for anticipatory bail of both the petitioners in both the applications are rejected.

CRM (A) 634 of 2023 and CRM (A) 900 of 2023 are dismissed.

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