Calcutta High CourtCRM (A)/256/2023dismissed as rejected

Mujammil Haque And ORS v. State Of West Bengal

2023-01-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.01.2023 Serial no. 16 [Dd] (Anticipatory bail) (Rejected) CRM (A) 256 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Goalpokhor Police Station Case No. 271 of 2022 dated 23.07.2022 under Sections 376 of the Indian Penal Code. (corresponding to G. R. no. 1876 of 2022) -AndIn the matter of : Mujammil Haque & Ors. ... ...Petitioners Mr. Shaharayar Alam, Advocate ... ... For the Petitioners Mr. Arijit Ganguly, Mr. Avik Ghatak, Advocates ... ...For the State Petitioners pray for anticipatory bail.

The victim in her statement recorded under Section 164 of the Criminal Procedure Code implicates the petitioners. There is a statement of the mother of the victim recorded under Section 161 of the Criminal Procedure Code tending to corroborate the victim.

Apparently, the victim did not undergo any medical examination.

The victim is a married lady.

Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected.

CRM (A) 256 of 2023 is dismissed.

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