Calcutta High CourtCRM (A)/3600/2023rejected

Golam Mostafa Biswas v. State Of West Bengal

2023-09-01Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 3600 of 2023 01.09.2023 SL. 12 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No. 237 of 2023 dated 04.06.2023 under Sections 448/376/506 IPC.

And In the matter of: Golam Mostafa Biswas ....petitioner.

Ms. Minoti Gomes Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioner.

Mr. Arijit Ganguly Mr. Avik Ghatak ... for the State.

1. Heard learned Counsel for the parties.

2. The allegation of commission of rape by the present petitioner upon the victim/informant on 01.06.2023 gets due support from the statement of the victim as recorded under Section 164 Cr.P.C. and prima facie the same is at par with the version of the informant in her written complaint.

3. At this stage, nothing could be placed on behalf of the petitioner to dispel such allegation, which is serious in nature.

4. Considering the gravity of the offence, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

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

6. The application being CRM (A) 3600 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)