Hasen Malithya @ Hasan Malitha And ANR v. State Of West Bengal And ANR

24.03.2025 Serial no. 12 Anticipatory bail [Rejected] Dd CRM (A) 986 of 2025 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Thanarpara Police Station Case No. 01 of 2025 dated 03.01.2025 under Sections 363/365/376/506/34 of the Indian Penal Code, 1860 and Section 6 of POCSO Act, and 66E of IT act.

-AndIn the matter of : HASEN MALITHYA @ HASAN MALITHA AND ANR ... ...Petitioners Mr. Joydeep Biswas, Mr. Asraf Mondal, Mr. Tanbir Mandal, Advocates ... ... For the Petitioners Ms. Baisali Basu, Mr. Soumadip Saha, Advocates ... ...For the State Mr. Abdul Aziz MOndal, Advocate ... ...For the de facto complainant

1. Both the petitioners stand implicated by the minor in a statement recorded under Section 164 of the Cr. P.C.

2. The minor was abducted and raped over a continuous period of time and video photograph of such incident recorded.

3. Considering the gravity of the offence and the involvement of the petitioners therein, we are not inclined to grant anticipatory bail to the petitioners.

4. Prayer for anticipatory bail of the petitioners is rejected.

5. CRM (A) 986 of 2025 is dismissed.

(Debangsu Basak, J.) (Smita Das De, J.)