Azimuddin Sk v. State Of West Bengal And ANR

20.08.2025 Court No.28 Item No.54 tbsr Reject CRM (A) 2378 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Beldanga P.S. Case No.267 of 2025 dated 28.04.2025 under Sections 64/351(2) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Azimuddin Sk.

....Petitioner.

Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak ...for the petitioner Mr. Subhamoy Bhattacharya Ms. Sana Naaz ....for the State Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the cousin brother of the second husband of the de-facto complainant. There was a matrimonial dispute between the husband and the wife. The petitioner sided with the husband. This prompted the de-facto complainant to lodge the false FIR. There is a delay in lodging the FIR.

Learned counsel appearing on behalf of the State denies the allegations and opposes the prayer for anticipatory bail. Referring to the case diary, she submits that the victim after being driven out from the matrimonial home, took shelter in the petitioner's house. After a few days, he committed the sexual assault. There are statements of the independent witnesses supporting the prosecution case.

Considering the incriminating materials available in the case diary including the statement of the victim recorded before the learned Magistrate and the statements of other witnesses contained in the case diary, I do not consider this to be a fit case for granting anticipatory bail.

Accordingly, the application for anticipatory bail is rejected. (Jay Sengupta, J.)