An Application For Anticipatory … vs Soumen Mitra on 24 July, 2017

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Sl No. 1027
24.07.2017

Rejected
AJ.

C.R.M. 5554 of 2017

In the matter of : An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure presented on 14.06.2017.

And
In the matter of : Soumen Mitra. …….. petitioner.

Mr. Ranjan Chakraborti. … for the petitioner.

Mr. Sudip Ghosh,
Mr. Apurba Kumar Datta. … for the State.

Apprehending arrest in course of investigation of Suri Police Station FIR
No. 273 of 2015 dated 02.08.2015 under Sections 498A/304B/302/34 of the
Indian Penal Code, the petitioner (brother-in-law of the victim) has applied for
anticipatory bail.

Learned advocate for the petitioner submits that upon completion of
investigation, police report under Section 173(2) of the Code of Criminal
Procedure (charge-sheet) has already been submitted under Sections
498A/304B/34 of the Indian Penal Code and under Sections 3/4 of the Dowry
Prohibition Act before the relevant magistrate and, therefore, there is no need for
custodial interrogation. He has, thus, prayed for pre-arrest bail.

Mr. Datta, learned advocate appearing for the State submits that this is the
second application of the petitioner after rejection of the first application by order
dated 14th December, 2016 passed in C.R.M. 9804 of 2016. According to him,
there is no substantial change of circumstances warranting grant of relief in this
application.

We have heard learned advocates for the parties and perused the materials
in the case diary. We have also perused the order passed by the co-ordinate
Bench in C.R.M. 9804 of 2016. Having regard to the nature and gravity of
offence alleged to have been committed by the petitioner and notwithstanding
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filing of charge- sheet, the co-ordinate Bench considered it fit not to grant
anticipatory bail to him.

We find no reason to take a different view. The application stands rejected.

( Dipankar Datta, J.)

( Debi Prosad Dey, J. )

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