This court rejected an application for anticipatory bail. It held that rival claims regarding the recovery of stridhan articles require investigation and a prima facie case has been made out against the petitioner, justifying custodial interrogation.
Prayer for anticipatory bail rejected; C.R.M. (A) 1216 of 2023 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.
03.04.2023
Sl.5 Court No.29 (AD) (Rejected)
C.R.M. (A) 1216 of 2023
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chandrakona Police Station Case No .463 of 2022 dated 04.11.2022 under Sections 498A/323/406/34 of the Indian Penal Code and under Sections 3 & 4 of D.P. Act. And
In the matter of: Soumen Adhikary
….petitioner. Mr. Santimoy Bhattacharyya … for the petitioner Ms. Sutapa Banerjee …for the State.
Report as called for by the order dated March 27, 2023 filed
in Court be taken on record.
It appears from such report that, when the Investigating Officer attempted to recover these stridhan articles, the petitioner amongst others claimed that, no stridhan articles were given from the house of the de facto complainant.
The rival claims require investigation. Prima facie case as
against the petitioner stands made out.
Need for immediate custodial interrogation of the petitioner is
apparent from the materials in the case diary.
Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
C.R.M. (A) 1216 of 2023 is dismissed.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
2
2 issues framed by the court
Whether the prayer for anticipatory bail under Section 438 CrPC should be allowed.
Whether rival claims regarding the recovery of stridhan articles require investigation before granting bail.
3 provisions across 3 enactments
Soumen Adhikary
The State
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
