Sadek Ali And ORS v. State Of West Bengal

21.09.2021 Ct. No 29 KAUSHIK (REJECTED) C.R.M. 5771 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rampurhat Police Station Case No. 254 of 2021 dated 17.06.2021 under Sections 498A/323/325/307/313/34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act. And In Re : Sadek Ali & Ors.

..... petitioners Mr. Angshuman Chakraborty Mr. S. S. Saha .... for the petitioner Mr. Binoy Panda Ms. Puspita Saha Mr. Subham Bhakat ... for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners stand on different footing than that of the accused husband. He submits that, the accused husband was granted interim bail. There was a delay of five days of lodging First Information Report from the date of the incident. He also draws the attention of the Court to the medical report. Learned advocate appearing for the State submits that, although the accused husband was granted interim bail, he did not appear before the Jurisdictional Court on the subsequent date. He opposes the prayer for grant of anticipatory bail. Considering the materials in the case diary and considering the statement of the victim recorded under Section

161 of the Code of Criminal Procedure, we are unable to grant anticipatory bail to the petitioners.

Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM 5771 of 2021 is dismissed.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)