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Calcutta High CourtCRM (A)/5029/2022dismissed

Estaul Sk And ORS v. State Of West Bengal

2022-10-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

31.10.2022 Serial no.112 Aloke CRM (A) 5029 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Englishbazar P.S. Casae No. 1329 of 2022 dated 24.08.2022 under Sections 302/34 of the Indian Penal Code.

-AndIn the matter of : Estaul Sk. & Ors.

... ... Petitioners Ms. Sujata Das, Advocate ... ... For the Petitioners Mr. Rudradipta Nandy, ld. APP Ms. Anindya Sundar Chatterjee, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that there is a relationship between the first petitioner and the victim. Such relationship broke. The petitioners were falsely implicated.

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

The postmortem report of the victim suggests that the victim died due to poisoning. It also suggests that there were injuries on the body of the victim. The statement of the son of the victim implicates the petitioners. It is claimed by the son of the victim that the victim was made to consume poison. In view of the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 5029 of 2022 is dismissed.

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