Calcutta High CourtCRM (A)/764/2024dismissed as rejected

Rahul Mishra v. State Of West Bengal And ANR

2024-03-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

C.R.M. (A) 764 of 2024 06.03.2024 DL-1 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Liluah Police Station Case No. 42 of 2024 dated 19.01.2024 under Sections 354A/34 of the Indian Penal Code, 1860 and 8/12 of Protection of Children from Sexual Offences Act. (Special T.R. Case No.16 of 2024).

And In the matter of: Rahul Mishra ....petitioner.

Mr. Wasim Reza ... for the petitioner.

Mr. Saibal Bapuli, Mr. Sujoy Sarkar ... for the State.

Victim recorded her statement under Section 164 of the Code of Criminal Procedure implicating the petitioner. Birth certificate of the victim is available in the case diary which we perused.

Victim apparently was a minor at the time of the incident. Considering the gravity of the offence and the involvement of the petitioner in the incident as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. (A) 764 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)