Rocky Das v. State Of West Bengal

C.R.M. (A) 60 of 2023 10.01.2023 Sl.7 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chakdah Police Station Case No.677 of 2022 dated 18.10.2022 under Sections 341/354/376/511/120B of the Indian Penal Code, 1860.

And In the matter of: Rocky Das ....petitioner.

Ms. Sananda Bhattacharyya ... for the petitioner.

Mr. Abhra Mukherjee Mr. Dipankar Mahata ...for the State.

Petitioner prays for anticipatory bail.

The victim in her statement recorded under Section 164 of the Code of Criminal Procedure squarely implicates the petitioner in administering spiked drinks on her leading to her unconscious and when she regained consciousness, there was an attempt to rape her.

Her statement recorded under Section 164 of the Code of Criminal Procedure stands corroborated by the medical evidence. Requirement of custodial interrogation of the petitioner cannot be over emphasized.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

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

C.R.M. (A) 60 of 2023 is dismissed.

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