Tojibur Rahaman v. State Of West Bengal And ANR

21.02.2024 SL No. 32 Ct No. 29 SB C.R.M. (A) 486 of 2024 In the matter of: Tojibur Rahaman ....Petitioner Md. Wasim Akram Ms. Busra Khatun ...for the Petitioner Mr. Angshuman Chakraborty ...for the State Petitioner sets up a defence of alibi to claim that the petitioner was not present at the place and time of occurrence. Materials in the case diary shows of involvement of the petitioner in entering into a physical relationship with a mentally and physically challenged lady. The lady became pregnant. The lady underwent an abortion. The mental challenge of the victim was such that she was able to disclose the facts before her mother subsequently, whereupon, the police complaint was lodged.

Considering such materials in the case diary and the gravity of offence and the involvement of the petitioner therein we are unable to grant anticipatory bail to the petitioner. The application for anticipatory bail is rejected. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)