Surajit Sarkar v. State Of West Bengal And ANR

20.05.2025 Court No.28 Item No. 32 tbsr Rejected CRM (A) 1557 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure, 1973 in connection with Netaji Nagar P.S. Case No.76 of 2024 dated 24.04.2024 under Sections 419/420/376 of the Indian Penal Code, 1860.

And In the matter of: Surajit Sarkar ....Petitioner.

Mr. Arindam Jana Md. Sabbir Biswas Mr. Yuvraj Chatterjee Mr. Rahul Surtani ...for the petitioner.

Ms. Anasuya Sinha, ld. APP Mr. Sujoy Sarkar .....for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a police constable who is under suspension. He has been falsely implicated in the instant case. The victim's husband was suffering custody trial. The de facto complainant sought help from him. He arranged for renting out her vehicle to someone. The allegation that he had sexually exploited the victim is absolutely false.

Heard the victim appearing in person.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and relies on the materials available in the case diary including the statement of the victim recorded before the learned Magistrate and submits further that the petitioner has a criminal antecedent of a case of dacoity being Burra Bazar P.S. Case

No. 130 dated 7th June, 2022 under Section 419, 467, 468, 471, 120B, 365, 395, 412 and 34 of the Penal Code. Considering the serious nature of allegations and the incriminating materials present in the case diary including the statement of the victim recorded before the learned Magistrate as well as the criminal antecedent of the petitioner, I do not consider that this is a fit case to grant anticipatory bail. Accordingly, the application for anticipatory bail is rejected. (Jay Sengupta, J.)