Calcutta High CourtCRM (DB)/1394/2022rejected

Subhankar Pal v. State Of West Bengal

2022-06-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay4 pages

08.06.2022 sdas rejected C.R.M.(DB) 1394 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Udaynarayanpur Police Station Case No. 150 of 2021 dated 29.11.2021 under Sections 498A/302/506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

And In Re : Subhankar Pal ..... petitioner Mr. Abhijit Kumar Adhya ... for the petitioner Mr. Saibal Bapuli, learned APP Mr. Bibaswan Bhattacharya ... for the State Petitioner is in custody for 215 days.

It is submitted by the learned Counsel appearing for the petitioner though FIR was registered for the offence punishable under Section 302 of the Indian Penal Code, charge-sheet has been filed, inter alia, under Section 304B of the Indian Penal Code.

Learned Counsel appearing for the State opposes prayer for bail.

We have considered the materials on record. Statements of witnesses show housewife was tortured by the petitioner/husband over demand of dowry and suffered unnatural death within four months after marriage. In view of the gravity of the offence, we are not inclined to grant bail to the petitioner.

The application for bail is, thus, rejected. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)

C.R.M. 192 of 2018 In Re.: An application under Section 439 of the Code of Criminal Procedure filed on 05.01.2018 in connection with Karimpur Police Station Case No. 136 of 2012 dated 03.07.2012 under Sections 420/467/468/471/120B of the Indian Penal Code. And In Re : Rabish Kumar Upadhyay ..... petitioner Mr. Asraf Ali ... for the petitioner Mr. Debojyoti Deb ... for the State Having considered the materials on record prima facie disclosing involvement of the petitioner in the alleged crime of misappropriation of monies of the innocent depositors and the fact that the petitioner has absconded for a protracted period of time, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected. (Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)