Prakash Ghosh And ANR v. State Of West Bengal

06.04.2022 Serial no. 15 [Dd] (Anticipatory bail Rejected) CRM(A) 1575 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bhimpore Police Station Case No. 92 of 2022 dated 17.03.2022 under Sections 498A/304B/302/201/120B of the Indian Penal Code.

-AndIn the matter of : Prakash Ghosh & Anr.

... ...Petitioners Mr. Kaustav Bagchi, Mr. Amanul Islam, Mr. Sourav Mukherjee, Mr. Debayan Ghosh, Advocates ... ... For the Petitioners Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharyya, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. In particular, he draws the attention of the Court to the statement of the husband of the victim recorded under Section 161 of the Criminal Procedure Code.

Learned advocate appearing for the petitioners submits that the statement of the husband of the victim was made while in custody and, therefore, is of no evidentiary value and should not be looked into and considered by this Court.

Both the petitioners are related to the victim. They are not strangers to the family. The incident is one of dowry death. The victim was burnt alive.

Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary and considering the fact that investigations are yet to be concluded, we are not inclined to grant anticipatory bail to the petitioners. Prayer for anticipatory bail of the petitioners is rejected.

CRM(A) 1575 of 2022 is dismissed.

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