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Calcutta High CourtCRM (A)/2023/2022dismissed

Aksar Ali v. State Of West Bengal

2022-05-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

CRM (A) 2023 of 2022 04.05.2022 Sl. 30 Court No.29 suvayan (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur P.S. Case No.

of dated 22/02/2022 under Sections 450/376(3)/511/34 of the Indian Penal Code read with Sections 08/12/4/18 of the POCSO Act.

And In the matter of: Aksar Ali ....petitioner.

Ms. Busra Khatoon ... for the petitioner.

Md. Anwar Hossain Ms. Sreyashee Biswas ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the victim did not name the petitioner in her statement recorded under Section 164 of the Criminal Procedure Code.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code and the materials in the case diary. Considering the materials in the case diary and the statement of the victim recorded under Section 164 of the Criminal Procedure Code and considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner.

The application for anticipatory bail, being CRM (A) 2023 of 2022, is rejected.

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