Bakul Sk. v. State Of West Bengal

28.05.2021 Court No.28 rpan /56 C.R.M. 1569 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Bakul Sk - Petitioner.

Mr. Sarwar Jahan, Mr. Anisur Rahman ... for the petitioner.

Mr. Rana Mukherjee, Ms. Sujata Das, Mr. Ashok Das ... for the State.

Apprehending arrest in connection with Beldanga P.S. Case No.392 of 2020 dated 21.09.2020 under Sections 376/511/506 of the Indian Penal Code, the petitioner has filed the present application.

Mr. Jahan, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. The ingredients of Section 376 of the Indian Penal Code do not stand satisfied in the facts of the case. He further submits that the victim lady refused medical and in the said conspectus, custodial interrogation/detention of the petitioner is not warranted. Mr. Mukherjee, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the statement of the victim lady, as recorded under Section 164 of the Code of Criminal Procedure.

Having heard the learned advocates and considering the materials in the case diary, the gravity of the offence, the nature of allegations and the extent of complicity of the petitioner in the alleged offence, we are not inclined to grant anticipatory bail. Accordingly, the application for anticipatory bail, being CRM 1569 of 2021, is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.) (Tapabrata Chakraborty, J.)