Rahulo Shit v. State Of West Bengal

27-09-2021 (ct. no.32) KOLE CRM 3165 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Patashpur Police Station Case No. 387 of 2020 dated 26.10.2020 under Sections 365/366/368/34 of the Indian Penal Code. - A n d - In the matter of : Rahul Shit .... Petitioner.

Mr. A. Mitra, Mr. Sk. Sahjahan Ali, ... For the Petitioner.

Mr. R. Roy Chowdhury, Mr. I. Kabir, ... For the State.

The petitioner is one of three accused persons. The allegation is of abducting a 25 years old married lady. The petitioner says that the accused no. 1 is the main accused along with his brother the accused no. 3, who has been granted bail by the learned Trial Court. The petitioner is only a friend of the prime accused. He has no direct implication in the alleged offence.

The State says that the victim lady is yet to be recovered. The incident is of October 20, 2020. There are statements of witnesses in the case diary saying that the victim went out with the present petitioner and the other accused persons and thereafter, went missing. Investigation is in progress.

In view of the nature of allegation and the prima facie material on record implicating the present petitioner, keeping in mind that the victim lady is yet to be recovered and investigation is not yet complete, we are not inclined to entertain the petitioner's prayer for anticipatory bail.

The prayer for anticipatory bail is rejected. CRM No. 3165 of 2021 is, thus, dismissed.

( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )