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Calcutta High CourtCRM/6411/2021rejected

Tapas Roy v. State Of West Bengal

2021-12-14Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

CRM No.6411 of 2021 Via video conference 14.12.21 (S.R.) Sl.212 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Anandapur Police Station Case No.22 of 2021 dated 23.01.2021 under Sections 498A/323/376/406/34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act (G.R. Case No.277 of 2021); Ct.32 And In re: Tapas Roy ... petitioner.

Mr. Arindam Jana Mr. Soumajit Chatterjee ... for the petitioner.

Mr. Sumanta Das ... for the de facto complainant.

Mr. S.S. Imam Mr. S. Kundu ... for the State.

Mr. Jana, learned advocate appearing for the petitioner submits that the petitioner is the brother-in-law of the victim lady. The complaint had been lodged more than a year after the alleged incident. The petitioner has been falsely implicated in the alleged offence and the allegations are omnibus in nature. The husband and other in-laws of the victim lady have already been granted anticipatory bail. In the said conspectus, custodial interrogation is not necessary. Mr. Imam, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary including the statement of the victim girl, as recorded under Section 164 of the Code.

Heard the learned advocates and considered the materials on record.

Prima facie, there are strong incriminating materials against the petitioner. Considering the seriousness of the offence, the allegations as levelled against the petitioner and the extent of his complicity in the

alleged offence, we are not inclined to exercise any discretion in his favour.

Accordingly, the application for anticipatory bail being CRM No.6411 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)