Hasim Ali v. State Of West Bengal

08.12.2020 Court No.28 SL No.83 AP CRM 9996 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No.820/2019 dated 02.10.2019 under Sections 498A/328/307/34 of the Indian Penal Code and Sections 3/4 of the D.P. Act. And In the matter of: Hasim Ali ....Petitioner.

Mr. Sagar Saha ...for the Petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ...for the State.

It is submitted on behalf of the petitioner that there is delay in lodging first information report and co-accused persons have been granted anticipatory bail.

Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioner is the husband of the housewife and tortured the housewife who suffered injuries and was hospitalized due to poisoning.

We have considered the materials on record. There are allegations of torture by the husband. Medical report shows that the victim housewife suffered injuries and was also hospitalized due to poisoning. In view of the aforesaid materials corroborating the allegations of physical torture, we are not inclined to grant anticipatory bail to the petitioner.

The application for anticipatory bail is, thus, rejected. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)