Calcutta High CourtCRM/241/2021dismissed

Phajalul Haq @ Fajlul Haque @ Fajrul Haque v. The State Of West Bengal

2021-10-01Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Abhijit Gangopadhyay3 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT 01.10.2021 AT JALPAIGURI Court No.01 Item No. 03 Rejected Krishnendu C.R.M. 241 of 2021 With C.R.A.N. 1 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Phajalul Haq @ Fajlul Haque @ Fajrul Haque Petitioner Mr. Sabir Ahmed Mr. Hillol Saha Podder For the Petitioner Mr. Ujjwal Luksom Ms. Namrata Das For the State Apprehending arrest in connection with Pundibari Police Station Case No. 444 of 2020 dated 05.11.2020 under section 376D of the Indian Penal Code, 1860, the petitioner has filed the present application.

Mr. Ahmed, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. The petitioner is the uncle of the victim's husband. He is about 60 years of age. The

victim lady left her matrimonial house on 15th October, 2020 and the complaint was lodged about a month thereafter. It had been alleged that the victim lady was being tortured by the petitioner and another accused person for about six months. However, he did not lodge any complaint at the said juncture. In the said conspectus, custodial interrogation of the petitioner is not necessary, more so when, there is no likelihood that he would flee from justice. Mr. Luksom, learned advocate appearing for the State, opposes the petitioner's prayer and draws our attention to the statement of the victim lady, as recorded under section 164 of the Code of Criminal Procedure. He submits that the alleged delay in lodging the F.I.R. has been explained and the investigation is still continuing.

In view thereof, he is not entitled to the relief, as prayed for.

inclined to exercise any discretion in his favour. Accordingly, the prayer for anticipatory bail is refused.

The application for anticipatory bail, being C.R.M. No. 241 of 2021 and the connected application, being C.R.A.N. 1 of 2021, are dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Abhijit Gangopadhyay, J) (Tapabrata Chakraborty, J)