Tarun Malhotra And ORS v. State Of West Bengal

C.R.M. (A) 6034 of 2022 13.01.2023 Sl.5 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uttarpara Police Station Case No.189 of 2021 dated 22.05.2021 under Sections 498A/406 of the Indian Penal Code.

And In the matter of: Tarun Malhotra & Ors.

....petitioners.

Mr. Sujoy Sarkar Mr. Rahul Chachan ... for the petitioners.

Ms. Kum Kum Mitra ...for the State.

Mr. Sumit Mishra ... for the de facto complainant.

Petitioners pray for anticipatory bail.

It is contended on behalf of the petitioners that there are talks of settlement and, therefore, four weeks time is required. Learned Advocate appearing for the de facto complainant submits that the de facto complainant is present in Court. On instructions, he submits that neither was he approached nor was the de facto complainant ever approached with a proposal for settlement subsequent to the order dated January 3, 2023. Stridhan articles are yet to be returned.

The submission of talks of settlement is a dilatory tactics. There are materials in the case diary implicating the petitioners.

The conduct of the petitioners before this Court does not inspire any confidence.

In such circumstances, requirement of custodial interrogation of the petitioners cannot be overlooked.

Consequently, we are unable to grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 6034 of 2022 is dismissed.

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