Rajesh Dab And ANR. v. The State Of West Bengal

02.02.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 5478 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chandrakona Police Station Case No. 371 of 2023 dated 05.11.2023 under Sections 498A/323/354/406/34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Protection Act.

And In Re: Rajesh Dab & Anr.

...... petitioners Mr. Sayantan Hazra ...for the petitioners Mr. Mainak Gupta ...for the State Mr. Debajyoti Deb Mr. Somdyuti Parekh ...for the defacto-complainant Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated.

Learned advocate for the State draws the attention of the Court to the materials in the case diary which include the statement of the defacto-complainant recorded under Section 164 of the Cr.P.C.

The defacto-complainant is represented.

Police complaint was lodged within three years of marriage.

Apparently, the defacto-complainant is being tortured and dowry demanded; more particularly for giving birth two twin daughters.

The materials in the case diary suggest requirement of investigation of the role of the petitioners. Enlarging any of the petitioners on anticipatory bail will be inimical to such investigation.

In such circumstances, we are unable to grant anticipatory bail to the petitioners and the prayer for anticipatory bail is rejected.

The application being CRM (A) 5478 of 2023 is dismissed.

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