Alamgir Mondal @ Alamgir Sk And ANR. v. State Of West Bengal And ANR

19.08.2025 Item No.6 Court No. 25 Sudipta Rejected CRM (A) 2061 of 2025 In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Domkal Police Station Case No. 65/2025 dated 24.01.2025 under Sections 329(4) / 64(1) / 3(5) of the BNS. And In Re : Alamgir Mondal @ Alamgir Sk. & Anr.

......Petitioner For the Petitioners :

Mr. Jisan Iqbal Hossain Ms. Chandrima Debnath .....Advocates For the State :

Mr. Soumik Ganguli Mr. Dipankar Mahata .....Advocates

1. The present application has been moved for anticipatory bail predominantly on the ground that the victim has refused to undergo medical examination.

2. Allegedly the petitioner no.1 had committed rape upon the victim and the petitioner no.2 had helped the petitioner no.1.

3. Learned counsel for the State has placed on record the report dated 13th August, 2025 of Partha Sarathi Majumdar, Inspector-in-Charge, Domkal Police Station, MSD PD. Let it be taken on record.

4. Perusal of the translated copy indicates that there is specific allegation against the petitioner no.1 regarding rape and

allegedly the petitioner no.2 came along with the petitioner no.1 forcibly entered into the house of the victim.

5. Merely because the victim has refused to undergo the medical examination, it does not entitle the petitioners for pre-arrest bail.

6. Taking into account the facts and circumstances, the petitioners are not entitled to grant anticipatory bail.

7. Accordingly, the application for anticipatory bail being CRM(A) 2061 of 2025 stands rejected.

8. Urgent Photostat certified copy of this order be given to the parties upon compliance with all necessary formalities. ( Dinesh Kumar Sharma, J. )