← Library
Calcutta High CourtCRM (A)/3788/2025rejected

Ejaj Ahamed @ Ejaj Ahmad v. State Of West Bengal

2025-12-01Hon'Ble Justice Jay Sengupta2 pages

01.12.2025 Court No.28 Item No.64 ssi CRM (A) 3788 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Ratua Police Station Case No. 212 of 2025 dated 18.03.2025 under Sections 85/89/118(2)/109/351(2)/3(5) of the BNS 2023. And In the matter of: Ejaj Ahammed @ Ejaj Ahmad ....Applicant/Petitioner Mr. Mrityunjoy Chatterjee Mr. Imdadul Hoque ...for the petitioner Mr. Shiladitya Banerjee Mr. Debanshu Ghorai ..for the State Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the alleged victim. Earlier, this Court was pleased to grant anticipatory bail to the other co-accused. The marriage between the couple took place in 2022. Soon thereafter, a girl child was born who was suffering from Down's syndrome. There is a delay in lodging of the FIR if one takes the last date of occurrence.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statements of witnesses and the injury reports. He submits that the principal accused in this case is the husband as was recorded in the earlier order granting anticipatory bail to the other co-accused. From the statement of a neighbor, it would appear that the incident of 23.02.2025 happened in the tenanted premises where the husband and wife were living and this was preceded by a quarrel between the husband and wife. It appeared from the case diary that the principal accused, being the

husband, had regularly tortured the de facto complainant and was allegedly responsible for the serious wounds inflicted on the victim. Considering the incriminating materials available against the present petitioner who is the husband of the alleged victim, I do not consider this is to be a fit case for granting anticipatory bail. Accordingly, the application for anticipatory bail of the petitioner is rejected.

(Jay Sengupta, J.)