Tamal Das And ANR v. State Of West Bengal

09.01.2024 Item No.185 Ct. No. 29 CHC Rejected C.R.M.(A) 4283 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gaighata Police Station Case No. 558 of 2023 dated 31.05.2023 under Sections 498A/307/406 of the Indian Penal Code, 1860 and Sections 3/ 4 of Dowry Prohibition Act, 1961. And In the matter of : Tamal Das & anr.

...... petitioners Ms. Sananda Bhattacharyya ....for the petitioners Mr. Pravas Bhattacharya, Mr. M.F.A. Begg ....for the State The application is taken up for consideration subsequent to order dated January 3, 2024.

On such date, it was noted that husband was yet to participate in the investigation and therefore, the matter was posted today.

Learned advocate appearing for the petitioners submits that, the husband is yet to participate in the investigation despite her requesting the husband to do so.

There subsist an interim order dated October 16, 2023 passed by the coordinate Bench.

By such order, ad interim anticipatory bail was granted to the petitioners.

The Court is informed that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.

We considered the materials in the Case Diary. The police complaint was lodged within five years of marriage.

The materials in the Case Diary suggest requirement of investigation.

Enlarging any of the petitioners on anticipatory bail at this stage will be inimical to the investigation particularly in view of the conduct of the husband.

In such circumstances, we are unable to confirm the interim order dated October 16, 2023 or grant anticipatory bail to any of the petitioners.

This application for anticipatory bail is, thus, rejected. CRM(A) 4283 of 2023 is disposed of.

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