Jishnu Sakhari @ Goddu v. State Of West Bengal And ANR.
21.02.2024 Item No.7 Ct. No. 29 CHC Rejected C.R.M.(A) 561 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 1018 of 2023 dated 26.12.2023 under Section 376 of the Indian Penal Code, 1860.
And In the matter of : Jishnu Sakhari @ Goddu ...... petitioner Ms. Sananda Bhattacharyya ....for the petitioner Mrs. Sonali Das ....for the State Mr. Sourav Mukherjee ....for the de facto complainant Petitioner prays for anticipatory bail.
Learned advocate appearing for the petitioner submits that, petitioner was false implicated.
State and the de facto complainant are represented. De facto complainant recorded her statement under Section 164 of the Criminal Procedure Code claiming that she was raped by the petitioner.
We perused the medical examination report of the victim. Medical Examination report shows that scratch mark was found on the body of the victim on such examination. There is a statement recorded under Section 161 of the Criminal Procedure Code which places the motor cycle belonging to the petitioner at the place of occurrence.
Considering such materials in the Case Diary, the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner. This application for anticipatory bail is, thus, rejected. CRM(A) 561 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)