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Calcutta High CourtCRM (A)/3016/2022dismissed

Sahid Afridi Mondal v. State Of West Bengal

2022-06-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

27.06.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 3016 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 464 of 2020 dated 08.07.2020 under Sections 498A/406/426/307/34 of the Indian Penal Code, 1860. And In Re : Sahid Afridi Mondal ...... petitioner Mr. Prabir Majumdar ....for the petitioner Mr. Tanmoy Kumar Ghosh Mr. Arindam Sen ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, other co-accuseds were granted anticipatory bail by the different Co-ordinate Benches.

Learned advocate appearing for the State submits that, the de-facto complainant was given in forceful marriage with the petitioner after the death of her husband. He refers to the materials in the case diary.

The police case is of 2020. A period about two years elapsed from the registration of such police case. There are materials in the case diary implicating the petitioner. The petitioner cannot be said to be on the same footing as that of the other co-accuseds, who were granted

anticipatory bail on the claim of the de-facto complainant that she given in forceful marriage with the petitioner. In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 3016 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)