Md Shahid @ Kala Shahid And ORS v. State Of West Bengal And ANR
18.05.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 2061 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Lake Town Police Station Case No. 260 of 2022 dated 19.12.2022 under Sections 341/323/354/379/506 of the Indian Penal Code read with Sections 7/8 of the POCSO Act. And In Re : Md. Shahid @ Kala Shahid & Ors.
...... petitioner Mr. Swapan Mallick Mr. S. K. Humayun Reja ....for the petitioner Mr. Sutapa Banerjee Mr. Imran Ali ....for the State There are two statements recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) of the two victims both of whom are minors.
There is a 161 Cr.P.C. statement of an eye witness. All the three statements in unison implicate the petitioners in the incident alleged. They molested the minors t the very least.
Considering the gravity of the offence and the involvement of the petitioners in the incident as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioners.
Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 2061 of 2023 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)