Mohir Ali Sk v. State Of West Bengal

23.03.2022 Serial no.16 Aloke Ct. No. 29 CRM (A) 1351 of 2022 In re: An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 15.03.2022 in connection with Dhubulia P.S. Case No. 50 of 2022 dated 25.01.2022 under Sections 448/376/511/506/34 of the Indian Penal Code.

-AndIn the matter of : Mohir Ali Sk ... ...Petitioner Mr. Prabir Majumder, Advocate Mr. Snehansu Majumder, Advocate ... ... For the Petitioner Mr. Prasun Kr. Dutta, ld. APP Mr. Subrato Roy, Advocate ... ... For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

The de facto complainant and her husband was pressurizing the in-laws of the de facto complainant for the purpose of registering a portion of the property in her favour. On refusal to do so, the police complaint was lodged.

Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. He submits that this is not the first occasion where, the victim was sought to be ravished. There are earlier instances also.

There is no material on record to suggest, let along establish that there are property disputes between the private parties. Considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner. CRM (A) 1351 of 2022 is rejected.

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