Totan Sk @ Rejaul Mostafa And ANR v. State Of West Bengal

C.R.M. (A) 2176 of 2023 21.06.2023 Sl. 174 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathganj Police Station Case No. 595 of 2021 dated 18.09.2021 under Sections 363/365/34 IPC (G.R. Case No. 1841 of 2021).

And In the matter of: Totan Sk. Rejaul Mostafa & Anr. ....petitioners.

Mr. U.A. Dewan Mr. A. Dewan ...for the petitioners.

Mr. Arijit Ganguly Mr. Avik Ghatak ... for the State.

1. Heard learned Counsel for the parties.

2. Though the occurrence has happened since 2021, the victim girl has not yet been recovered. Juel Sk. who is the coaccused has also admitted that both the petitioner had taken the victim in a car and the victim boarded the car out of her own volition as she had love affair with petitioner no. 1.

3. Regard being had to aforesaid facts and specially the factum of non-recovery of the victim since more than 2 years, we feel that custodial interrogation of the petitioner is necessary in the present case.

4. In view of such, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner at this stage.

5. Accordingly, the prayer for the anticipatory bail is rejected.

6. The application being CRM (A) 2176 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)