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Calcutta High CourtCRM (A)/2090/2023dismissed as rejected

Debjit Biswas @Jewel Biswas And ANR v. State Of West Bengal And ANR

2023-05-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

C.R.M. (A) 2090 of 2023 19.05.2023 Sl.21 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No.344 of 2023 dated 01.05.2023 under Sections 509/506/34 of the Indian Penal Code,1860 and Sections 8/12 of Protection of Children from Sexual Offences Act, 2012.

And In the matter of: Debjit Biswas @ Jewel Biswas & Anr. ....petitioners.

Mr. Atis Kumar Biswas Ms. Jyoti Agarwal ... for the petitioners.

Mr. Narayan Prasad Agarwal Mr. Pratick Bose ...for the State.

Petitioners before us seek anticipatory bail. There is a statement recorded by a minor claiming to be 13 years of age.

She narrates an incident happening to her at the behest of the petitioners on several occasions.

The allegations relate to not only to bad touch but also of persistent cognizable offences relating to the victim. Considering the materials in the case diary and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, we do not think it appropriate to enlarge any of the petitioners on anticipatory bail. Doing the same might send wrong signal to the society.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 2090 of 2023 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)