Hachhen Sekh And ANR v. State Of West Bengal

11.04.2022 Serial no. 13 [Dd] (Anticipatory bail Rejected) CRM (A) 1643 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kandi Police Station Case No. 115 of 2022 dated 04.03.2022 under Sections 448/325/326/307/354B/506/427/34 of the Indian Penal Code read with Section 12 of the Protection of Children from Sexual Offence Act.

-AndIn the matter of : Hachhen Sekh & Anr.

... ...Petitioners Ms. Minoti Gomes, Md. Hafiz Ali, Advocates ... ... For the Petitioners Mr. Binay Panda, Mr. Subham Bhakat, Advocates ... ...For the State Petitioners seeks anticipatory bail on the ground of parity with other co-accuseds.

Learned advocate appearing for the State submits that the petitioners cannot claim parity in view of the statement of the victim recorded under Section 164 of the Criminal Procedure Code where the victim names both the petitioners. The other co-accuseds granted anticipatory bail were not named by the victim.

Considering the gravity of the offence and the involvement of the petitioners therein and the statement of the victim recorded under Section 164 of the Criminal Procedure Code and the involvement of the petitioners transpiring therefrom, we are of the view that the petitioners cannot claim parity with that of the other coaccuseds who were enlarged on anticipatory bail.

Consequently, we are not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected.

CRM (A) 1643 of 2022 is dismissed.

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