The Calcutta High Court at Jalpaiguri dismissed an application for anticipatory bail. The bench refused the prayer due to the gravity of the alleged offence and the victim's direct implication in the dying declaration.
The prayer for anticipatory bail was rejected and the application was 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.
23.12.2021 SL No.11 Court No.1 (gc)
Circuit Bench of Calcutta High Court At Jalpaiguri
CRM 882 of 2021
(Via video Conference)
In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Rajganj Police Station Case No.20 of 2021 dated 16.01.2021 under Sections 498A/307 of the Indian Penal Code read with Sections 3,4 of D.P. Act, Adding Section 302 of IPC.
And
In the matter of : Hemanta Roy & Anr.
Mr. Jaydeep Kanta Bhowmik, … For the Petitioners. Mr. A. Sarkar, Mr. T. Bhattacharjee, … For the State.
Considering the gravity of the offence and the victim directly implicated the petitioners in the commission of the alleged offence in her dying declaration, we are not inclined to grant anticipatory bail to the petitioners. Hence, the prayer for anticipatory bail of the petitioners is rejected.
The application for anticipatory bail, being CRM No.882 of 2021 is, thus, dismissed.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Biswajit Basu, J.) (Soumen Sen, J.)
2 issues framed by the court
Whether anticipatory bail should be granted to the applicants given the gravity of the offence.
Whether the taxpayers’ direct implication in the dying declaration precludes the grant of anticipatory bail.
3 provisions across 2 enactments
Hemanta Roy & Anr.
The State
Biswajit Basu
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
