Anjali Roy v. State Of West Bengal

09.03.2022 Serial no. 04 Dd CRM (A) 1094 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sessions Case (POCSO) No. 59 of 2017 arising out of Memari Police Station Case No. 500 of 2017 dated 14.10.2017 under Sections 366/323/376 of the Indian Penal Code and section 4 of the Protection of Children from Sexual Offences Act, 2012. -AndIn the matter of : Anjali Roy ... Petitioner Mr. Uday Sankar Chattopadhyay, Mr. Santanu Maji, Advocates ... For the Petitioner Mr. N. P. Agarwal Mr. Santanu Chatterjee, Advocates ... For the State Learned advocate for the petitioner submits that he received instruction of the petitioner not to press the application. The application was taken up for consideration on the previous occasion.

Finding that the police case is of 2017 and it involves Section 4 of the Protection of Children from Sexual Offences Act, 2012, and finding that the trial cannot progress in absence of the petitioner being taken into custody, a request was made to the learned advocate for the petitioner to ensure the presence of the petitioner in Court. In such factual matrix, the prayer for not pressing the application needs to be considered.

Given the gravity of the offence and the involvement of the petitioner therein, we are unable to either accede to the prayer for not pressing the application nor grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 1094 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)