Calcutta High CourtCRM (A)/1012/2023dismissed as rejected

Sk Samad v. State Of West Bengal

2023-03-13Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

13.03.2023 Serial no. 80 [Dd] (Anticipatory bail) (Rejected) CRM (A) 1012 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kakdwip Police Station Case No. 135 of 2022 dated 14.05.2022 under Sections 498A/406/307/34 of the IPC and adding Sections 304B/306 of the IPC and under Sections 3 and 4 of Dowry Prohibition Act (Corresponding to G.R. Case No. 1039/2022) -AndIn the matter of : Sk. Samad ... ...Petitioner Mr. Ayan Basu, Mr. Sandip Kr. Mondal, Mr. Sumit Routh, Ms. Riya Das, Advocates ... ... For the Petitioner Mr. Iqbal Kabir, Advocate ... ...For the State There is a dying declaration of the victim implicating the petitioner.

Apparently, the victim was continuously tortured subsequent to marriage. Petitioner was one of the persons involved in the torture.

In such circumstances, 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) 1012 of 2023 is dismissed.

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