Saddam Hossain v. State Of West Bengal And ANR

13.07.2023 (M/L 42) Ct. No.29 Rejected (SKB) CRM (A) 2435 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with G.R. Case No.2653 of 2022 and POCSO 57 of 2022 arising out of Itahar P.S. Case No.534 of 2022 dated 16.10.2022 under Sections 363/365 of the Indian Penal Code.

In the matter of : Saddam Hossain ... Petitioner Ms. Reshmi Mukherjee ... for the petitioner Mr. Shiladitya Banerjee ... for the State

1. Heard the learned Counsel for the parties.

2. The petitioner being a married man is alleged to have kidnapped the victim who is minor and friend of his wife. It is further alleged that he took her to Gurgaon and kept her in captivity and ravished here.

3. Regard being had to the seriousness of the allegation, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner.

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

5. The application being CRM(A) 2435 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.)