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Calcutta High CourtCRM (A)/1286/2025rejected

Dipak Ghosh And ANR. v. State Of West Bengal

2025-04-23Hon'Ble Justice Jay Sengupta2 pages

23.04.2025

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE Item No.DL34 Court No. 28 Asraf, AR(Ct.) REJECTED CRM (A) 1286 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 filed in connection with Md. Bazar PS case no.357 of 2024 dated 15.12.2024 under Sections 85, 80, 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3 and 4 of the Dowry Prohibition Act, 1961. -andIn Re : 1. DIPAK GHOSH

2. SUJAY GHOSH ......Petitioners For the Petitioners :

Mr. Saryati Datta Mr. Sanjib Kr. Dan Mr. Chitrak Biswas .....Advocates For the State :

Mrs. Manisha Sharma Mr. Md. Kutubuddin .....Advocates Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner no.1 is the uncle-in-law of the victim deceased and the petitioner no.2 is the son of the petitioner no.1. The petitioners stay elsewhere than the couple in question. The mother-in-law, the husband and the aunt-inlaw were granted bail after some days of custody. The marriage had taken place in the year 2018 and the incident took place in 2024. Chargesheet has already been submitted.

Learned counsel appearing on behalf of the State relies on the statements of witnesses including neighbours and the statements recorded before the learned Magistrate as well as the post-mortem report.

Considering the materials available in the case diary including the statements of the neighbours, I am not inclined to grant anticipatory bail to the petitioners.

Accordingly, the application for anticipatory bail being CRM(A) 1286 of 2025 is 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. )