Abul Kalam Sk. @ Kalam Sk v. State Of West Bengal

08.03.2022 Serial no. 21 Dd CRM (A) 1123 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwangola Police Station Case No. 62 dated January 30, 2022 under Sections 448/376/511 of the Indian Penal Code (G.R. Case No. 255 of 2022) -AndIn the matter of : Abul Kalam Sk. @ Kalam Sk. ... ...Petitioner Mr. Navanil De, Mr. Subhrajit Dey, Advocates ... ... For the Petitioner Mr. Tanmoy Kr. Ghosh, Mr. Arindam Sen, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. He highlights the age of the petitioner who is 77 years. He submits that there are disputes between the de facto complainant and the petitioner relating to some immovable property.

Learned advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Section 164 of the Criminal Procedure Code and to the injury report.

In the statements recorded under Section 164 of the Criminal Procedure Code, the victim narrates that apart from the petitioner ravishing her, there were scratch marks on her body caused by the petitioner. Such statement is corroborated by the injury report.

In such circumstances, considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the statements recorded under Section 164 of the Criminal Procedure Code and the injury report of the victim, we are not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

CRM (A) 1123 of 2022 is dismissed.

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