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Calcutta High CourtCRM (A)/1695/2022dismissed

Dhananjay Mahaldar And ORS. v. State Of West Bengal

2022-04-13Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

CRM (A) 1695 of 2022 13.04.2022 Sl. 11 Court No.29 suvayan (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua P.S. Case No.

58/22 dated 12/02/2022 under Sections 341/325/307/354/315/34 of the Indian Penal Code. And In the matter of: Dhananjay Mahaldar & Ors.

....petitioners.

Ms. Minoti Gomes Mr. Kausik Biswas ... for the petitioners.

Md. Anwar Hossain Ms. Benajir Hasna ...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 including the statement of the doctor treating the victim, recorded under Section 161 of the Criminal Procedure Code.

In the statement recorded under Section 161 of the Criminal Procedure Code, the doctor treating the victim states that the victim suffered abortion due to the assault on her. Considering the gravity of the offence and the involvement of the petitioners therein as appearing from the materials in the case diary, we are unable to grant anticipatory bail to the petitioners.

The application for anticipatory bail, being CRM (A) 1695 of 2022, is rejected.

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