Abdul Hannan v. The State Of West Bengal

04.09.2024 Court No.29 Item No. 22 Rejected ar CRM (A) 3068 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ratua Police Station Case No. 460 of 2023 dated 10.08.2023 corresponding to G.R Case No. 2508 of 2023 under Sections 304B/498A of the Indian Penal Code. And In Re: Abdul Hannan Petitioner Mr. Debayan Ghosh Ms. Poulami Bose For the Petitioner Mrs. Baisali Basu Mr. Amanul Islam For the State

1. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated. It is further submitted that other in-laws of the deceased are on bail.

2. Learned counsel for the State in opposing the prayer for anticipatory bail has produced the statement of the independent witnesses and the postmortem report.

3. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and the statement of the deceased which directly implicates the petitioner for physical and mental torture to which the petitioner has succumbed to death, we are not inclined to grant anticipatory bail to the petitioner.

4. Accordingly, the prayer for anticipatory bail of the petitioner is rejected and the same is accordingly disposed of.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Shampa Dutt (Paul), J)