Haydar Dafadar And ORS. v. State Of West Bengal

C.R.M. (A) 1136 of 2024 18.04.2024 DL-14 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 82 of 2024 dated 14.02.2024 under Sections 498A/323/324/307/34 of the Indian Penal Code, 1860. (SL Case No.300 of 2024) And In the matter of: Haydar Dafadar & Ors.

....petitioners.

Mr. Asraf Mandal ... for the petitioners.

Mr. S.S. Imam Mr. Rahul Ganguly ... for the State.

1. Petitioners pray for anticipatory bail.

2. Learned Advocate appearing for the petitioners submits that husband is still in custody. The marriage took place eight years ago. The allegations are directed against the husband.

3. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the de facto complainant recorded under Section 164 of the Code of Criminal Procedure and her medical examination report.

4. De facto complainant implicates not only her husband but also the present petitioners for catching hold of her and administering poison to her. Medical examination report of the de facto complainant tends to corroborate the case of poisoning.

5. Considering the gravity of the offence and the involvement of the petitioners as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the Signed By :

ABHIJIT DAS High Court of Calcutta 18 th of April 2024 05:14:55 PM

petitioners.

6. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

7. C.R.M. (A) 1136 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 18 th of April 2024 05:14:55 PM