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Calcutta High CourtCRM (A)/144/2022dismissed

Aiyub And ORS v. State Of West Bengal

2022-01-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

CRM (A) 144 of 2022 (Via Video Conference) 25.01.2022 Sl. 62 Court No.29 pg.

(rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Islampur P.S. Case No. 427 of 2021 dated 07/07/2021 under Section 376 of the Indian Penal Code read with Sections 3/4/5/6 of the ITP Act.

And In the matter of: Aiyub & Ors.

....petitioners.

Mr. Amit Roy ... for the petitioners.

Mr. Neguive Ahmed Ms. Trina Mitra ...for the State.

Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. He submits that the husband was granted bail by the jurisdictional Court. Learned advocate appearing for the State draws the attention to the statement recorded under Section 164 of the Code of Criminal Procedure of the victim. He submits that the petitioners are involved in circulating the offending materials in the internet.

Considering the gravity of the offence and the involvement of the petitioners therein and considering the statement recorded under Section 164 of the Code of Criminal Procedure of the victim, we are unable to grant anticipatory bail to the petitioners. The application for anticipatory bail, being CRM(A) 144 of 2022, is rejected.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)