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Calcutta High CourtCRM (A)/1903/2023dismissed as rejected

Saheb Kotal v. State Of West Bengal

2023-05-16Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1903 of 2023 16.05.2023 Sl.1 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jagacha Police Station Case No.52 of 2023 dated 14.03.2023 under Sections 498A/494/406/506/34 of the Indian Penal Code. And In the matter of: Saheb Kotal ....petitioner.

Mr. Suddhadev Adak ... for the petitioner.

Mr. Debabrata Chatterjee, Ld. APP Mr. Santanu Chatterjee ...for the State.

Mr. V. Kumar Tripathi Mr. Partha Pratim Mukherjee Mr. Al tamash Amin ... for the de facto complainant.

Petitioner prays for anticipatory bail.

Petitioner, State and the de facto complainant are represented.

Statement of the son of the victim implicates the petitioner in an incident of assault.

There are materials in the case diary suggesting requirement of custodial interrogation of the petitioner. There is a statement recorded under Section 164 of the Code of Criminal Procedure of a person claiming to be the first wife of the petitioner and also implicates the petitioner in the incident of assault, torture and demand for dowry.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 1903 of 2023 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)