Rahimul Ali@Rahimul Hoque v. State Of West Bengal

23.12.2021 Serial no. 06 Dd (Through Video Conference) CRM 5692 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Itahar Police Station Case No. 261 of 2018 dated 24.08.2018 under Sections 448/376/511/325/307/506/34 of the Indian Penal Code. (GR No. 930 of 2018) -AndIn the matter of : Rahimul Ali @ Rahimul Hoque ... ...Petitioner Mr. Somnath Banerjee, Mr. Pronojit Roy, Advocates ... ... For the Petitioner Mr. Prasun Kumar Dutta, ld. APP Mr. Subrato Roy, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. In any event, one of the co-accused was granted anticipatory bail by the jurisdictional Court.

Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Criminal Procedure Code and the medical report of the victim.

It appears from the statements recorded under Section 164 of the Criminal Procedure Code of the victim that there was an attempt to rape. On being unsuccessful the petitioner went away but returned with four persons and assaulted the victim. The assault is corroborated by the medical records available in the case diary.

Considering the gravity of the offence and the complicity of the petitioner therein, we are not inclined to grant anticipatory bail to the petitioner.

This application for anticipatory bail is, accordingly, rejected.

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