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Calcutta High CourtCRM (A)/1434/2022dismissed

Sk. Jabbar Hossain v. State Of West Bengal And ORS.

2022-03-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

(AD) 28.03.2022 C.R.M. (A)1434 of 2022 Court No.29 (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uluberia P.S. Case No.327 of 2021 dated 01/10/2021 being Special Case No.56 of 2021 under Sections 363/365/376(1) of the Indian Penal Code & 6 of POCSO Act.

And In the matter of: - Sk. Jabbar Hossain ...petitioner.

Sk. Toslim Ali ... for the petitioner.

Mr. Navanil De ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the principal accused is still in custody. The petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. In her statement recorded under Section 164 of the Code of Criminal Procedure, the victim names the petitioner as the driver of the vehicle which was used for the purpose of her kidnapping.

Considering the gravity of the offence and the involvement of the petitioner therein, we are unable to enlarge the petitioner on anticipatory bail.

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

C.R.M. (A) 1434 of 2022 is dismissed.

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