Sakidur Sk @ Sakidur Sekh v. State Of West Bengal
03.08.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 3701 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Women Police Station Case No. 149 of 2022 dated 11.06.2022 under Sections 448/376/506 of the Indian Penal Code.
And In Re : Sakidur Sk @ Sakidur Sekh ...... petitioner Mr. Kalidas Saha ....for the petitioner Mr. Bidyut Kumar Roy Ms. Rita Dutta ....for the State Petitioner prays for anticipatory bail.
Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated.
Learned advocate appearing for the State draws the attention of the Court to the medical examination report of the victim and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C). The victim in her 164 Cr.P.C. statement implicates the petitioner. She claims that, the petitioner ravished her. Such claim is corroborated by the medical examination report. Therefore, need for custodial interrogation of the petitioner cannot be overlooked at this stage.
In such circumstances, we are unable to grant anticipatory bail to the petitioner.
Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 3701 of 2022 is dismissed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)