Koushik Haldar @ Kousik Mondal And ANR v. State Of West Bengal
06.04.2023 Ct. No. 29 CHC Rejected C.R.M.(A) 1453 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 195 of 2023 dated 11.03.2023 under Sections 363/328/120B/34 of the Indian Penal Code. And In the matter of : Koushik Haldar @ Kousik Mondal & anr. ...... petitioners Mr. Asraf Mandal ....for the petitioners Mr. Saibal Bapuli, Ld. A.P.P.
Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ....for the State The victim is 14 years of age. She recorded her statement under Section 164 of the Criminal Procedure Code where she claimed that she was administered a drink upon which she lost consciousness. There is a statement recorded under Section 161 of the Criminal Procedure Code where she named two petitioners as the persons who gave her soft drinks after consuming which she lost consciousness. There is an injury report of the victim which suggests that the victim suffered an injury.
The victim apparently refused to undergo any medical examination.
Considering the gravity of the offence and involvement of the petitioners in the incident, we are unable to grant anticipatory bail to the petitioners.
CRM (A) 1453 of 2023 is rejected.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)