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Calcutta High CourtCRM (A)/1840/2022dismissed

Shaktipada Ghosh @ Lonthon And ANR v. State Of West Bengal

2022-04-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

22.04.2022 Serial no.41 KS CRM(A) 1840 of 2022 [ In re: An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhimpur Police Station Case No.360/2021 dated 29.12.2021 under Sections 305/ 34 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, corresponding to POCSO Case No.2 of 2022.

-And- In the matter of: Shaktipada Ghosh @ Lonthon & Anr. Mr. S. Majumder .....For the Petitioners Ms. F. Hossain Ms. B. Basu .....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners are not the principal accused.

Learned advocate for the State draws the attention of the Court to the statement of the mother of the victim recorded under Section 164 of the Code of Criminal Procedure.

Considering the gravity of the offence and involvement of the petitioner therein as it transpires from the Case Diary and considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, we are unable to grant the petitioners on anticipatory bail. Consequently, prayer for anticipatory bail of the petitioners is rejected. CRM(A) 1840 of 2022 is dismissed.

(Debangsu Basak, J.)

(Bibhas Ranjan De, J.)