Abusuphian Mondal And ORS v. State Of West Bengal

02.01.2024 Serial no.

Anticipatory bail [Rejected] Dd CRM (A) 4269 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gopal Nagar Police Station Case No. 552 of 2023 dated 01.09.2023 under Sections 498A/406 of the Indian Penal Code, 1860 and under Sections 3 & 4 of Dowry Prohibition Act. (G.R. Case No. 3050/2023) -AndIn the matter of : Abusuphian Mondal & Ors. ... ...Petitioners Mr. Tanmoy Kr. Ghosh, SGA Ms. Sonali BHar, Advocates ... ...For the State None appears for the petitioners.

State is represented.

Petition is taken up for consideration subsequent to order dated October 16, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary. We find that there are allegations as against the petitioners in the offences alleged. Statements recorded under Section 161 of the Criminal Procedure Code suggest that the victim was assaulted on failure to pay dowry.

In such circumstances, considering the gravity of the offence and the involvement of the petitioners therein, we are unable to grant anticipatory bail to the petitioners or confirm the interim order dated October 16, 2023.

Prayer for anticipatory bail of the petitioners is rejected.

CRM (A) 4269 of 2023 is dismissed.

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