C.R.M. 753 of 2021, an anticipatory bail application filed by a husband charged with poisoning his wife (Sections 498A/307/34 IPC) via V.C., was dismissed. The High Court, noting the categorical victim statement, found the gravity and ongoing investigation precluded entertaining the prayer.
Application for anticipatory bail dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
07. 18.08.2021 Ct.32 Tanmoy Rejected
In The High Court at Calcutta Circuit Bench at Jalpaiguri Appellate Side
(Through Video Conference)
C.R.M. 753 of 2021
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 16/07/2021 in connection with Kuchlibari Police Station Case No. 16 of 2021 dated 11/04/2021 under Sections 498A/307/34 of the Indian Penal Code.
And
In the matter of: - Ajal Ali @ Ajad Ali @ Azad Ali
….petitioner.
Ms. Madhushri Dutta
…for the petitioner (through V.C.).
Mr. Kallol Acharjee, Mr. Sourav Ganguly
…for the State (through V.C.)
The petitioner is the husband of the victim lady. The petitioner says that the parents-in-law of the victim lady have been granted anticipatory bail by the learned Court below. He stands on the same footing and he should be extended the same privilege.
We have seen the material in the Case Diary including statement of the victim lady recorded under Section 164 of the Code of Criminal Procedure. The categorical statement is that her husband administered poison on her.
2
Given the nature and gravity of the allegation and that investigation is going on, we are not inclined to entertain the petitioner’s prayer for anticipatory bail.
Accordingly, The application for anticipatory bail being
C.R.M. 753 of 2021 is dismissed .
All parties shall act in terms of server copy of this order downloaded from the official website of this Court.
(Suvra Ghosh, J.) (Arijit Banerjee, J.)
1 issue framed by the court
Whether an application for anticipatory bail under Section 438 CrPC should be entertained where the statute alleges poisoning by the husband.
2 provisions across 2 enactments
Ajal Ali @ Ajad Ali @ Azad Ali
Suvra Ghosh
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
