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Calcutta High CourtCRM/2696/2021rejected

Bishnupada Ghanta And ANR v. State Of West Bengal

2021-08-13Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

13.08.2021 Sl. No. 48 Srimanta Ct. No. - 32 D/L CRM/2696/2021 (Via Video Conference) In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 for apprehension of arrest in connection with Sabang Police Station Case No. 237/2020 dated 19.10.2020 corresponding G.R. No. 2888/2020 under Sections 498A/323/509/376/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. In the matter of : Bishnupada Ghanta & Anr..

... petitioners.

Mr. Ramashis Mukherjee, Adv.

...for the petitioners.

Mr. Goutam Wilson, Adv.

...for the State.

The petitioners are the husband and the father-in-law of the defacto complainant. It is submitted on behalf of the petitioners that they have been falsely implicated. The petitioner no. 1 has been married to the defacto complainant for seven years. There is no material implicating the petitioners and the allegations against them are omnibus. The State produces the Case Diary and refers to the statement of the defacto complainant under Section 164 of the Code of Criminal Procedure.

We have perused the material in the Case Diary. The petitioners have been specifically implicated in the material in the Case Diary, especially the statement of the defacto complainant under Section 164 of the Code.

Regard being had to the nature and gravity of the offence, material in the Case Diary as well as prima facie involvement of the petitioners in the alleged offence and also

as investigation is still in progress we are not inclined to grant anticipatory bail to the petitioners.

The application being C.R.M. 2696 of 2021 is rejected. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)