Habal Chandra Pal And ANR. v. State Of West Bengal
21.05.2024 Ct. No. 03 S.D.
REJECTED C.R.M.(A) 1728 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sonamukhi Police Station Case No. 174 dated 14.11.2022 under Sections 498A/307/406/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. And In Re: Habal Chandra Pal & Anr.
...... petitioners Mr. Amajit De Ms. Shakshi Rathi ...for the petitioners Mr. Sujoy Sarkar .... For the State Petitioners renew the prayer for grant of anticipatory bail. Earlier application was rejected on April 3, 2023. Petitioners cite filing of the charge sheet and the fact that the husband was released on bail as grounds for renewal of the prayer for anticipatory bail.
With respect, none of the two grounds either on their own or cumulatively are good grounds to hold that there are material change in circumstances. Filing of charge sheet per se is no ground for grant of anticipatory bail. So also is the fact that one of the co-accused was enlarged on bail a good ground. Signed By :
Surojit Das High Court of Calcutta 22 nd of May 2024 11:27:49 PM
Moreover, there is an issue of long absconsion with the police case being dated November 14, 2022.
In such circumstances, we are unable to grant anticipatory bail to the petitioners and the prayer for anticipatory bail is rejected.
Accordingly, C.R.M. (A) 1728 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
Surojit Das High Court of Calcutta 22 nd of May 2024 11:27:49 PM