Dilip Kumar Barman And ORS v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 23.09.2021 Court No.01 rpan /07 C.R.M. 484 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

and In Re : Dilip Kumar Barman & 3 Others ....Petitioners.

with CRAN 1 of 2021 Mr. Hillol Saha Podder ... for the petitioners.

Mr. Ujjwal Luksom, Mr. Aniruddha Biswas ... for the State.

Apprehending arrest in connection with Mathabhanga Police Station Case No.75 of 2021 dated 10.02.2021 under Sections 498A/304B/302 of the Indian Penal Code, 1860, the petitioners have filed the present application.

On the prayer of the learned advocate appearing for the petitioners, the application, so far as the petitioner nos. 1 and 2, namely, Dilip Kumar Barman and Babai Barman respectively are concerned, is dismissed as not pressed.

The learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated. The allegations are omnibus in nature. The principal accused, being the husband, one of the brothers-in-law and the father-in-law have already been granted regular bail by the learned court below. Upon completion of investigation, charge-sheet has also been submitted and as such, custodial interrogation of the petitioner nos.3 and 4 is not necessary.

Mr. Luksom, learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to the statements of the witnesses, as recorded under Section 161 of the Code.

Upon perusal of the statements of the witnesses, it appears that the role attributed to the petitioners is similar to the other coaccused persons, who have been granted bail. Considering the nature of accusations and the extent of complicity of the petitioner nos.3 and 4, namely, Bappa Barman and Mayarani Barman respectively, we are not inclined to exercise any discretion in their favour. As such, their prayer for anticipatory bail is refused.

Accordingly, the application for anticipatory bail, being CRM 484 of 2021 and the connected application, being CRAN 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.)