Prahllad Mondal And ANR. v. State Of West Bengal

10.01.2024 Item No.16 Ct. No. 29 CHC Rejected C.R.M.(A) 4795 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 577 of 2023 dated 20.08.2023 under Sections 498A/325/307/406/ 34 of the Indian Penal Code, 1860.

And In the matter of : Prahllad Mondal & anr.

...... petitioners Mr. Ashok Das, Mr. Amanul Islam, Mr. Sourav Mukhejee, Ms Hasi Jana ....for the petitioners Mr. Imran Ali, Mrs. Debjani Sahu ....for the State Petition is taken up for consideration subsequent to the order dated October 17, 2023 passed by the co-ordinate Bench. By such order, the coordinate Bench granted interim anticipatory bail to the petitioners.

It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.

We perused the materials in the Case Diary.

Injury report speaks of assault committed by both the petitioners on the de facto complainant.

Materials in the Case Diary suggest requirement of investigation. The police complaint was lodged within five years of marriage.

In such circumstances, we are unable to confirm the interim order dated October 17, 2023 or grant anticipatory bail to the petitioners.

This application for anticipatory bail is, thus, rejected. CRM(A) 4795 of 2023 is disposed of.

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