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Calcutta High CourtCRM/7366/2021dismissed

Md Akbar Sekh @ Md Akbar Ali v. State Of West Bengal

2021-11-22Hon'Ble Justice Shivakant Prasad,Hon'Ble Justice Krishna Rao2 pages

22.11.2021 Sl.31 KS (Via Video Conference) CRM 7366 of 2021 Md. Akbar Sekh @ Md. Akbar Ali -Vs.- The State of West Bengal In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Lalgola P.S. Case No.104 of 2010 dated 27.02.2010 under Sections 363/ 365/ 366/ 376 of the Indian Penal Code.

Ms. Riya Das .....For the Petitioner Mr. S. Banerjee .....For the State Apprehending arrest in connection with Lalgola Police Station Case No.104 of 2010 under Sections 363/ 365/ 366/ 376 of the Indian Penal Code pending in the Court of the Learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad, the petitioner is seeking release on anticipatory bail.

It is submitted on behalf of the learned counsel for the petitioner that the petitioner is innocent and no way connected with the offence alleged and it is believed that the situation of the case alleged by the defacto complainant in respect of his missing daughter, there should be any laxity, on the part of the complaint in filing the First Information Report as the F.I.R. has been filed seven days after the alleged incident.

Learned counsel for the State pressed in service the Case Diary and adverted our attention to the statement of the witnesses in particular, the statement of the victim girl recorded under Section 164 of the Criminal Procedure Code submits that the petitioner's involvement in the crime is well reflected.

Upon hearing rival contention, we decline to admit the petitioner on bail. Hence the prayer for anticipatory bail is rejected. Accordingly, the application being, CRM 7366 of 2021 is dismissed.

Parties are at liberty to act on the basis of the copy of the order being downloaded from the server of the Official Website. (Krishna Rao, J.) (Shivakant Prasad, J.)