Yamin Mallik And Another v. State Of West Bengal

30.03.2022 Serial no. 98 [Dd] (Anticipatory bail Rejected) CRM(A) 235 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Basanti Police Station Case No. 302 of 2020 dated 31.05.2020 under Sections 363/365/376(3)/376DA of the Indian Penal Code and Section 6 POCSO Act.

-AndIn the matter of : Yamin Mallik & Anr.

... ...Petitioners Mr. Sarthak Burman, Advocate ... ... For the Petitioners Ms. Zareen N. Khan, Md. Kutub Uddin, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners are 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, where the victim names both the petitioners. In a statement recorded under Section 164 of the Criminal Procedure Code, the victim names both the petitioners as the persons perpetrating the crime along with other persons.

Considering the gravity of the offence and the involvement of the petitioners therein, we are not inclined to grant anticipatory bail to the petitioners. Prayer for anticipatory bail of the petitioners is rejected.

CRM(A) 235 of 2022 is dismissed.

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