Ranjit Kumar Sah @ Shaw v. State Of West Bengal And ANR

C.R.M. (A) 2686 of 2023 26.07.2023 SL. 12 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Muchi-Para Police Station Case No. 14 dated 28.01.2023 under Sections 354 IPC and Section 8 POCSO Act (corresponding to G.R. (NS) Case No. 63 of 2023).

And In the matter of: Ranjit Kumar Sah @ Shaw ....petitioner.

Mr. Murari Chakraborty Mr. Shibaji Kumar Das Mr. Mahesh Kumar Shaw Mr. Santosh Kumar Pandey Ms. Suranjana Bhattacharyya ...for the petitioner.

Mr. Ranabir Roy Chowdhury Mr. Sandip Chakraborty ...for the State.

1. Heard learned Counsel for the parties.

2. Regard being had to the seriousness of the allegation, we feel persuaded to eschew the delay in lodging of the FIR, which has been explained by the victim. So far as consideration of the prayer for anticipatory bail is concerned. It also does not give rise to any doubt in our mind that a paternal elder father cannot do such things with a child of tender age.

3. In view of all such facts and especially, the seriousness of 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 the anticipatory bail is rejected.

5. The application being CRM (A) 2686 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)