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Calcutta High CourtCRM (A)/1128/2025rejected

Firon Mondal @ Firan Mandal v. State Of West Bengal

2025-04-08Hon'Ble Justice Jay Sengupta2 pages

08.04.2025 Sl. No.13 Ct. 28 Reject NB C.R.M. (A) 1128 of 2025 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Palashipara P.S. Case No.77 of 2025 dated 19.02.2024 under Sections 85/115(2)/117(2)/109/76/351(2)/3(5) of the Bharatiya Nyay Sanhita, 2023 pending before the learned Additional Chief Judicial Magistrate, Tehatta, Nadia.

In the matter of : Firon Mondal @ Firan Mandal ... petitioner Mr. Debajyoti Deb, Ms. Somdyuti Parekh.

...for the petitioner.

Mr. Bidyut Roy, Ms. Rajnandini Das.

...for the State.

Mr. Amanul Islam, Mr. Sourav Mukherjee.

...for the de facto complainant.

Learned counsel appearing on behalf of the petitioner submits as follows. An FIR had been lodged about three years after marriage, the petitioner is the husband of the victim. The other accused were granting anticipatory bail by the Sessions Court. There are only omnibus allegations of torture against all. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail, relies on the case diary and submits as follows. There are clear allegations of dowry demand and assault. The petitioner did not stop at inflicting mental cruelty. The

petitioner along with others physically assaulted the victim. There are injury reports and statements of witnesses to bear this out. In view of the materials available in the case diary against the present petitioner and the fact that the investigation is still going on, I am not inclined to grant anticipatory bail to the petitioner. The application for anticipatory bail being CRM(A) 1128 of 2025 is, thus, rejected.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)