← Library
Calcutta High CourtCRM (A)/4566/2022dismissed as rejected

Subhankar Das v. State Of West Bengal

2022-09-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 4566 of 2022 26.09.2022 Sl.20 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bongaon Police Station Case No.494 of 2022 dated 14/05/2022 under Section 498A of the Indian Penal Code, 1860 and under Sections 3/4(2)(c)/5 of the Immoral Trafficking Prevention Act, now pending as G.R. Case No.1563 of 2022.

And In the matter of: Sri Subhankar Das & Anr.

....petitioners.

Mr. Pawan Kumar Gupta Ms. Sofia Nesar Mr. Santanu Sett ...for the petitioners.

Mr. Abhra Mukherjee Ms. Manisha Sharma ...for the State.

Petitioners pray for anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. The husband was arrested. The parents-in-law of the de facto complainant were granted bail by the jurisdictional Court. He submits that the petitioners reside separately and they were falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

The victim in her statement recorded under Section 164 of the Code of Criminal Procedure implicates the petitioners also. Considering the gravity of the offence and the involvement of the petitioners therein and particularly in view of the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, we are unable to grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 4566 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)