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Calcutta High CourtCRM (A)/3943/2022dismissed as rejected

Mothur Rishi @ Mathur v. State Of West Bengal

2022-08-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

18.08.2022 Serial no.29 Aloke CRM (A) 3943 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 367 of 2022 dated 12.05.2022 under Sections 363/365/34 of the Indian Penal Code read with Section 6 of the POCSO Act, 2012.

-AndIn the matter of : Mothur Rishi @ Mathur Rishi & Anr. ... ... Petitioners Mr. Soupal Chatterjee, Advocate Mr. Sucheta Banerjee, Advocate ... ... For the Petitioners Mr. Atif Ahmed Siddiqui, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. There was a long standing civil disputes with regard to the boundary wall. Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

In her statement recorded under Section 164 of the Code of Criminal Procedure, the victim implicates the petitioners. In such circumstances, we are unable to grant anticipatory bail to the petitioners.

The prayer for anticipatory of the petitioners is rejected. CRM (A) 3943 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)