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Calcutta High CourtCRM/11258/2020rejected

Chittaranjan Sarkar And ORS v. State Of West Bengal

2020-12-29Hon'Ble Justice Moushumi Bhattacharya,Hon'Ble Justice Kausik Chanda2 pages

29.12.2020 rrc CRM 11258 of 2020 (via Video Conference) In re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bamongola PS Case No. 251 of 2019 dated 19.10.2019 under Sections 498A/306/34 of the Indian Penal Code.

In the matter of : Chittaranjan Sarkar & Others ..... petitioners Mr. Aslam Khan, Mr. Musharraf Alam Sk.

....For the petitioners Mr. N. P. Agarwala, Mr. Ashok Das .....For the State The petitioners in this application for anticipatory bail are the father-in-law, the mother-in-law and the brother-in-law respectively of the victim. The victim died by hanging within one year of marriage. Learned counsel for the petitioners submits that the husband of the victim has since been released on statutory bail and the sister-in-law of the victim has been obtained an order for anticipatory bail. Learned counsel places an order an order of a co-ordinate Bench dated 15th November, 2019 by which an application for anticipatory bail of the same three petitioners as before this Court, was rejected. It is submitted that the chargesheet in the case was subsequently filed on 18th November, 2019 which would constitute a relevant subsequent event for this Court to re-visit the facts.

On considering the gravity of the offence and the death of the victim brought about by the alleged torture inflicted on the

victim by the petitioners, we are not inclined in granting anticipatory bail to the petitioners.

CRM 11258 of 2020 is, accordingly, rejected.

(Kausik Chanda, J.) (Moushumi Bhattacharya, J.)