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Calcutta High CourtCRM/10647/2020rejected

Asim Jhulki v. State Of West Bengal

2021-02-25Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh2 pages

25.02.2021 Item no.35 Court No.28 Avijit Mitra C.R.M.10647 of 2020 (through video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Mahishadal Police Station Case No.186 of 2020 dated 15.10.2020 under Sections 341/326/307 of the Indian Penal Code;

And In Re : Asim Jhulki .... petitioner Mr. Suman De ....for the petitioner Mr. N.P. Agarwala, Ms. Subhasree Patel ...... for the State Learned advocate appearing for the petitioner submits that he had a love affair with the daughter of the de facto complainant. He has been falsely implicated in the alleged incident which occurred on 15th October, 2020. The allegations levelled against the petitioner are unfounded. There are no incriminating materials against the petitioner. The petitioner himself was assaulted by the family members of the de facto complainant and he suffered grave injuries. In the said conspectus, custodial interrogation of the petitioner is not necessary.

Learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the injury report of the victim girl as well as that of the petitioner herein. Having heard the learned advocates and considering the materials in the case diary, the nature of allegations, the injury reports and the extent of complicity of the petitioner in the

alleged offence, we are not inclined to grant anticipatory bail to the petitioner.

Accordingly, the application being C.R.M. No. 10647 of 2020 is dismissed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)