Ali Mahammad Sk. @ Ali Mahammad And ANR v. The State Of West Bengal And ANR

20.02.2025 24.

Ct No. 28 SG [Rejected] C. R. M. (A) 579 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Domkal Police Station Case No. 848 of 2024 dated 30.11.2024 under Sections 64(1)/117(2)/79/351(2) of BNS. And In Re: Ali Mahammad Sk. @ Ali Mahammad and Anr. ...... Petitioners Mr. Debapriya Samanta, Mr. Suhotro Palit.

......for the petitioners Mr. Imran Ali, Mr. Subham Bhakat.

......for the State 1.

Heard learned Advocates for the parties.

2.

We have considered the materials on record. Statement of the victim lady alleges she was forcibly raped. Petitioner argues parties have amicably resolved the dispute. Allegation of rape is false. He relies on Annexure-P/2 of the petition. 3.

We have considered the said document. Victim is an offence of sexual violence. Subsequently, petitioner exerted influence and a purported settlement is sought to be executed. This shows overwhelming influence of the petitioner which prevented the victim to access justice.

4.

In light of the nature of offence and petitioner's conduct, we are not inclined to grant anticipatory bail to the petitioner. 5.

Application for anticipatory bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)