Golam Rasul v. State Of West Bengal

05.04.2022 Ct. No 29 KAUSHIK (REJECTED) C.R.M. (A) 1543 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. 310 of 2021 dated 07.07.2021 under Section 376 of the Indian Penal Code, 1860 and under Section 4 of the Protection of Children from Sexual Offences Act. And In Re : Golam Rasul.

..... petitioner Mr. Arnab Chatterjee ... for the petitioner Mr. Imran Ali Ms. Debjani Sahu ... for the State Petitioner renews the prayer for anticipatory bail. Learned advocate appearing for the petitioner submits that, the police filed charge-sheet subsequent to the earlier order of rejection. Therefore, custodial interrogation of the petitioner is not required.

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 (Cr.P.C.). Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the 164 Cr.P.C. statement of the victim, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1543 of 2022 is dismissed.

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