Prabhas Das v. State Of West Bengal
18.09.2020 CRM 6499 of 2020 with CRAN 1 of 2020 Court No. 19 Item No. 44 das/nandy In Re:- An application for bail under Section 438 of the Code of Criminal Procedure filed on 02.09.2020 in connection with Chakdah Police Station Case No. 231 of 2020 dated 15.08.2020 under Sections 498A/306/34 of the Indian Penal Code.
And In the matter of : Prabhas Das & Anr.
...Petitioners
Mr. Shibaji Kumar Das, Advocate ...for the Petitioners Mrs. Sonali Das, Advocate ...for the State (anti-bail rejected) Petitioners undertake to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference.
The application being CRAN 1 of 2020 is accordingly disposed of.
Learned Advocate for the petitioners submits that the present petitioners being father-in-law and brother-in-law respectively are not connected with the alleged offence. He further submits that the marriage was solemnized almost ten years ago and the husband as also the mother-in-law have been arrested and taken into custody in connection with this case. Additionally, the learned Advocate submits that the custodial interrogation of the present petitioners is unwarranted and as such they may be released on anticipatory bail. Learned Advocate appearing for the State opposes the prayer for bail and draws attention of this Court to the statements of the relations and also the post-mortem report.
We have perused the materials-on-record, particularly the statements of the relations and going by the allegations, we are unable
to distinguish the locus of the present petitioners along with the accused persons who have been taken into custody. Presently this Court is of the opinion that for further progress of the case, custodial interrogation of the petitioners is warranted.
Accordingly, the prayer for anticipatory bail of the petitioners is rejected.
The application being CRM 6499 of 2020 is thus dismissed. (Tirthankar Ghosh, J) (Harish Tandon, J)