Calcutta High Court (Appellete Side)
Khagen Mahaldar & Anr vs Unknown on 8 April, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
CRM (A) 1610 of 2022 08.04.2022
In Re: - An application for anticipatory bail under Section 438 of the Sl. 09 Code of Criminal Procedure in connection with Harishchandrapur P.S. Court No.29 Case No. 162/2022 dated 09/03/2022 under Sections suvayan (Rejected) 447/323/354/354D/506/509/34 of the Indian Penal Code.
And In the matter of: Khagen Mahaldar & Anr.
....petitioners.
Mr. Kalidas Saha ... for the petitioners.
Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Abhra Mukherjee ...for the State.
Petitioners seek anticipatory bail. Learned Advocate appearing for the petitioners submits that the petitioner No.2 is the father of the petitioner No.1. They were falsely implicated.
Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code.
The victim implicates the petitioners in a statement recorded under Section 164 of the Criminal Procedure Code. The statement of the victim is such that the requirement of custodial interrogation of the petitioners cannot be ruled out at this stage particularly when the investigations are yet to be concluded.
Consequently, we are unable to grant anticipatory bail to the petitioners.
The application for anticipatory bail, being CRM (A) 1610 of 2022, is rejected.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.) 2