Bapan Ghosh v. State Of West Bengal

19.07.2022 Serial no.11 Aloke CRM (A) 3418 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Jamalpur Police Station Case No. 311 of 2021 dated 24.11.2021 under Sections 376(2)(N)/323/313/506/34 of the Indian Penal Code and Section 6 of the POCSO Act.

-AndIn the matter of : Bapan Ghosh ... ... Petitioner Mr. Saheb Banerjee, Advocate ... ... For the Petitioner Mr. Swapan Banerjee, Advocate Ms. Purnima Ghosh, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. She refers to the materials in the case diary and the age of the victim. The victim is 15 years of age.

In her statement recorded under Section 164 of the Code of Criminal Procedure, the victim names the petitioner as one of the persons involved in the incident.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 3418 of 2022 is dismissed.

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