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Calcutta High CourtCRM (DB)/2488/2022rejected

Lalchand Faraji And ANR v. State Of West Bengal

2022-08-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay1 pages

04.08.2022.

13.

Ct.No.28 as (Rejected) C.R.M. (DB) 2488 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nakashipara P.S. Case No.329 of 2022 dated 02.05.2022 under Sections 498A/306/34 of the Indian Penal Code.

In the matter of : Lalchand Faraji & Anr. ... Petitioners. Mr. Narattam Acharyya, Mr. Sumanta Das.

...for the Petitioners.

Ms. Faria Hossain Mr. Anand Keshari.

...for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioners that they are in custody for 91 days and the incident occurred 10 years after marriage.

Learned Advocate for the State opposes the prayer for bail. Statements of the minor children of the victim have been recorded under Section 164 of the Code of Criminal Procedure. We have considered the materials on record. Statements of witnesses including minor children of the victim lady show she was severely tortured by her husband i.e. petitioner no.1 and his second wife, petitioner no.2.

In view of the aforesaid materials on record and gravity of offence, we are not inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners is rejected.

(Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)