The Circuit Bench at Jalpaiguri rejected an application for anticipatory bail under Section 438 CrPC filed by Sunil Roy, who was the husband of the deceased victim.
Anticipatory bail under Section 438 CrPC was rejected and the petition was dismissed.
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6 01-09-2021 (ct. no.32) KOLE
In The Circuit Bench At Jalpaiguri CRM 839 of 2021
In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalpaiguri Kotwali Police Station Case No. 818 of 2011 dated 31.08.2011 under Sections 495/498A/302/109 of the Indian Penal Code.
In the matter of : Sunil Roy @ Sunil Chandra Roy
.... Petitioner.
Mr. S. Guha,
… For the Petitioner.
Mr. Biswarup Roy,
… For the State.
The petitioner is the husband of the victim. The State says that the victim died within three years of marriage in the year 2011. Charge sheet has been filed in 2014. In 2017 the learned Court below rejected the petitioner’s prayer for anticipatory bail. The petitioner has been absconding for a long time.
The charges are serious. Although charge sheet may have been filed, further investigation may be necessary and the petitioner may need to be interrogated.
On an overall assessment of the material on record and the conduct of the petitioner, we are not inclined to allow the petitioner’s prayer for anticipatory bail.
The prayer for anticipatory bail is rejected.
CRM No. 839 of 2021 is, thus, dismissed.
( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )
2 issues framed by the court
Whether anticipatory bail under Section 438 CrPC should be granted when the petitioner has been absconding for a long time.
Whether the petitioner's petition invoking Sections 495/498A/302 IPC warrants refusal of bail.
2 provisions across 2 enactments
Sunil Roy @ Sunil Chandra Roy
State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
