Sachin Akhria And ANR v. State Of West Bengal

31.03.2022 Serial no.35 CHC Ct. No. 29 Rejected CRM 7633 of 2021 In re: An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 22.11.2021 in connection with Behala P.S. Case No. 257/2021 dated 13.09.2021 under Section 498A/406/326/354/506/509/120B of the Indian Penal Code read with Sections 3/ 4 of the Dowry Prohibition Act, 1961 and added section 384 of the I.P.C. -AndIn the matter of : Sri Sachin Akhria & anr. ... ...Petitioners Mr. Milon Mukherjee, Sr. Advocate Mr. Debasis Roy, Sr. Advocate Mr. Sandip Chakraborty, Advocate Mr. T. Das, Advocate ... ... For the Petitioners Mr. Sudipto Moitro, Sr. Advocate Mr. J. N. Chatterjee, Advocate Mr. Aniket Mitra, Advocate Mr. Swarvanu Saha, Advocate ... ... For the de facto complainant Mr. Shiladitya Banerjee, Advocate .... ... For the State Petitioners seek anticipatory bail.

Learned advocate for the petitioners submits that petitioners were falsely implicated in this case. He further submits that petitioners complied with the notice under Section 41A of the Cr.P.C. and that the First Information Report was lodged one and half years subsequent her leaving the matrimonial home.

De facto complainant is represented.

Learned advocate appearing for the State submits that the allegations against the petitioners are not omnibus in nature. There are serious allegations against both the petitioners.

Considering the statement of the victim recorded under Section 164 of the Cr.P.C. and considering the gravity of the offence and involvement of the petitioners therein, we are unable to grant anticipatory bail to the petitioners. CRM 7633 of 2021 is rejected.

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