Calcutta High CourtCRM (A)/3326/2023rejected

Sk Keramat @ Dalim And ANR v. State Of West Bengal And ANR

2023-09-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 3326 of 2023 25.09.2023 SL. 7 Court No. 29 Suvayan (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Minakhan Police Station Case No. 102 of 2019 dated 25.04.2019 under Sections 363/365/376D/34 of the IPC and Section 6 of the POCSO Act.

And In the matter of: Sk. Keramat @ Dalim & Anr.

....petitioners.

Mr. Joy Chakraborty Mr. Sandeep Dinda Ms. Shila Chatterjee ...for the petitioners.

Mr. Joydeep Roy Mr. Amanul Islam ...for the State.

1. Heard learned Advocate for both the parties.

2. From the statement of the victim recorded under Section 164 Cr.P.C. the name of the present petitioners appears to be one who were a part of the group which committed rape.

3. Regard being had to the gravity of the offence, we are not inclined to exercise our discretion in favour of the petitioners under Section 438 Cr.P.C.

5. Accordingly, the prayer for the anticipatory bail is rejected.

6. The application being CRM (A) 3326 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)