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Calcutta High CourtCRM (A)/3252/2023rejected

Sk Sahajahan @ Sk Sajan @ Sk Sajam v. State Of West Bengal

2023-09-19Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 3252 of 2023 19.09.2023 SL. 10 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Patashpur Police Station Case No. 233 of 2023 dated 21.05.2023 under Sections 450/376D IPC.

And In the matter of: Sk. Sahajahan @ Sk. Sajan @ Sk. Sajam ....petitioner.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ...for the petitioner.

Mr. Saibal Bapuli, Ld. APP Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...for the State.

1. Heard learned Counsel for the parties.

2. Perused the statement of the victim as recorded under Section 164 Cr.P.C. as well as other materials as available in the C.D.

3. It appears that the allegation as made out in the FIR as against the present petitioner as well as other two co-accused persons are really grievous in nature.

4. Considering such circumstances and especially the nature of offence, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the present petitioner.

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

6. The application being CRM (A) 3252 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)