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Calcutta High CourtCRM (DB)/2221/2022rejected

Amit Bairagi v. State Of West Bengal

2022-07-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

18.07.2022 cm/ct 28 C.R.M. (DB) 2221 of 2022 sl. no. 19 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Debra P.S Case No. 312 of 2022 dated 21.06.2022 under Sections 498A, 323,354,354B,376,511,406,506 & 34 of the Indian Penal Code,1860 read with Sections 3 & 4 of the Dowry Prohibition Act, 1961.

Rejected And In Re : Amit Bairagi ..... petitioner Mr. Mansas Kumar Das Mr. Siddhartha Sarkar ...... for the petitioner Mr. Debabrata Chatterjee, Ld. A.P.P.

Mr. Santanu Chatterjee ...... for the State Mr. Suman Das Adhikary .... for the De-facto complaint.

Report is placed on record. It appears from the report that the Annexure P-1 to the petition i.e. marriage registration certificate between the petitioner i.e. Amit Bairagi and one Archana Mahata under the Special Marriage Act is not a genuine document. In view of the aforesaid report, we are prima facie view petitioner had relied a forged document in support of his contention that mother of the de-facto complainant had married him.

Police authorities are directed to take appropriate steps against the petitioner for using a forged document. On merits, we note there are ample materials connecting the petitioner with the assault on the de-facto complainant. He tortured the de-facto complainant and had also attempted to ravish her.

Keeping in mind the aforesaid materials on record and the daring conduct of the petitioner in using a forged document to procure an order of bail, we do not consider it prudent to release him on bail.

Accordingly, the prayer for bail of the petitioner is rejected. Copy of this order be sent to Assistant Commissioner of Police, Calcutta for necessary steps against the petitioner. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)