Mojammel Hoque @ Mojabul Hoque v. The State Of West Bengal And ANR

24.04.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 975 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 1250 of 2023 dated 09.12.2023 under Sections 323/376/379 of the Indian Penal Code.

And In Re : Mojammel Hoque @ Mojabul Hoque ...... petitioner Ms. Minoti Gomes Mr. A. Ahammed Mr. Mussaraf Hossain ...for the petitioner Mr. Joydeep Roy, Ld.Jr. Govt., Ms. Sujata Das .... For the State Despite service by the State, defacto complainant is not represented.

Learned advocate appearing for the State draws the attention of the Court to the statement of the defacto complainant recorded under Section 164 of the Cr.P.C. Such statement acknowledges that she boarded on to a two wheeler of the petitioner voluntarily. In fact, she acknowledges that the petitioner was known to her. Thereafter, she proceeds to claim that she was raped.

Defacto complainant underwent a medical examination which records signs of injuries on her body.

Defacto complainant was found by a number of persons who recorded statements under Section 161 of the Cr.P.C. Before such persons, initially the defacto complainant claimed Signed By :

Surojit Das High Court of Calcutta 24 th of April 2024 06:30:32 AM

that she lost her way and thereafter confided that she was raped by the petitioner.

Materials in the case diary suggest involvement of the petitioner.

Enlarging the petitioner on anticipatory bail will be inimical to the investigation.

Consequently, we are unable to grant anticipatory bail to the petitioner and the prayer for anticipatory bail is rejected. The application being CRM (A) 975 of 2024 is dismissed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

Surojit Das High Court of Calcutta 24 th of April 2024 06:30:32 AM