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Calcutta High CourtCRM (A)/27/2024dismissed as rejected

Alhad Hossain @ Titu @ Tita v. State Of West Bengal And ANR

2024-01-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

22.01.2024 Court No.29 Item No. 130 AP CRM (A) 27 of 2024 In re : An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Lalgola Police Station Case No. 374 of 2023 dated 01.09.2023 under Sections 342/376/379/34 of IPC.

-AndIn the matter of : Alhad Hossain @ Titu @ Tita ... ...Petitioner.

Mr. Soumyajit Das Mahapatra Mr. Ali Ahsar Alamgir Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak ... ... For the Petitioner.

Mr. Swapan Banerjee Ms. Jonaki Saha ... ...For the State Affidavit of service filed in Court today be taken on record.

None appears for the victim.

Victim recorded her statement under Section 164 of the CrPC, where she states that she was administered a drink by the petitioner before us.

On consumption of such drink, she lost consciousness and on regaining the consciousness she found herself in the house of the present petitioner. The victim also states that she was raped.

Considering the complicity of the petitioner in the incident as transparent of the narration of the victim recorded under section 164 of the CrPC, we are unable to grant anticipatory bail to the petitioner.

Thus, the prayer for anticipatory bail of the petitioner is rejected.

Accordingly, the application for anticipatory bail is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)