Md Sabjal Hoque v. State Of West Bengal

28.07.2022 Serial no. 11 [Dd] (Anticipatory bail) (Rejected) CRM (A) 3427 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Mothabari Police Station Case No. 232 of 2022 dated 05.06.2022 under Sections 498A/326/307 of the Indian Penal Code.

-AndIn the matter of : Md. Sabjal Hoque ... ...Petitioner Mr. Debabrata Mondal, Ms. Sreetama Neogi, Advocates ... ... For the Petitioner Mr. Prasun Bhattacharya, Ms. Subhashee Patel, Advocate ... ...For the State On the claim that the disputes between the de facto complainant and the petitioner were resolved and that the de facto complainant was residing with the petitioner, a report was called for.

The victim was allowed to record a fresh statement under Section 164 of the Criminal Procedure Code. Pursuant to such order, the de facto complainant recorded a statement under Section 164 of the Criminal Procedure Code on July 21, 2022 squarely implicating the petitioner.

In view of such statement, requirement of immediate custodial interrogation of the petitioner cannot be overlooked. Consequently, we are not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 3427 of 2022 is dismissed.

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