Calcutta High CourtCRM/853/2021dismissed

Bablu Barman And ORS v. State Of West Bengal

2021-09-24Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Abhijit Gangopadhyay3 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT 24.09.2021 AT JALPAIGURI Court No.01 Item No. 15 Rejected Krishnendu CRM 853 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Bablu Barman & Ors.

Petitioners Mr. Surajit Basu Mr. Ratan Chandra Roy For the Petitioners Mr. Arun Kumar Sarkar Mr. Biswarup Roy For the State Apprehending arrest in connection with Sahebganj Police Station Case No. 155 of 2021 dated 24.04.2021 under sections 498A/302/34 of the Indian Penal Code, 1860, the petitioners have filed the present application.

Mr. Basu, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated. No overt act has been attributed to the petitioners. The principal accused, being the husband of the deceased, had already been granted bail by the

learned Court below. Upon completion of investigation, charge sheet has also been submitted and as such custodial interrogation of the petitioners is not necessary.

Mr. Sarkar, learned advocate, assisted by Mr. Roy, appearing for the State, opposes the petitioners' prayer and submits that the incident occurred within a month after the marriage of the victim lady. There are incriminating materials on record against the petitioners. In support of such contention, he has drawn our attention to the statements of the witnesses, as recorded under section 161 of the Code of Criminal Procedure.

Having heard the learned advocates appearing for the respective parties and considering the materials on record, including the statements of the witnesses, as recorded under section 161 of the Code of Criminal Procedure and the extent of complicity of the petitioners in the alleged offence, we are not inclined to exercise any discretion in their favour and as such the prayer for anticipatory bail is refused.

The application for anticipatory bail, being C.R.M. No. 853 of 2021 is 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)