Bhagabati Dey Sarkar @ Vagabati Dey Sarkar And ORS. v. State Of West Bengal

24.01.2024 Serial no. ML 354 Anticipatory bail [Rejected] Dd CRM (A) 5047 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chakdaha Police Station Case No. 468 of 2023 dated 18.07.2023 under Sections 195A/325/313/506/34 of the Indian Penal Code, 1860.

(G.R. Case No. 1062 /2023) -AndIn the matter of : Bhagabati Dey Sarkar @ Vagabati Dey Sarkar & Ors.

... ...Petitioners Ms. Minoti Gomes, Ms. Dona Sanyal, Advocates ... ... For the Petitioners Mr. Swapan Banerjee, Ms. Purnima Ghosh, Advocates ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the de facto complainant lodged a previous police complaint, inter alia, under Section 498A where police filed charge sheet. Petitioners are on bail in such police case and present police complaint was lodged after a year was passed under Section 156(3) of the Criminal Procedure Code. Learned advocate for the State draws the attention of the Court to the materials in the case diary.

The petitioners were enlarged on bail by the jurisdictional Court on June 28, 2022 in the previous police complaint involving, inter alia, under Section 498A of the Indian Penal Code, 1860.

Thereafter, an incident of assault took place where, the all the petitioners stand implicated by independent witnesses.

Doctor examining the de facto complainant stated that, an abortion was required to be performed on the de facto complainant.

The incident of assault took place subsequent to the petitioners being on bail in the previous police complainant. In such circumstances, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 5047 of 2023 is dismissed.

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