Swagata Malakar v. State Of West Bengal

16.09.2022 Serial no. 25 [Dd] (Anticipatory bail) (Rejected) CRM (A) 4456 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Panchasayar Police Station Case No. 52 of 2020 dated 21.04.2020 and Special Case No. 86 of 2020 under Sections 376/420/506 of the Indian Penal Code read with Sections 4/12 of the Protection of Children From Sexual Offences Act. -AndIn the matter of : Swagata Malakar ... ...Petitioner Mr. Nipesh Majhi, Mr. Hemanta Kumar Das, Advocate ... ... For the Petitioner Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan, Advocates ... ...For the State Petitioner prays for anticipatory bail.

The victim recorded a statement under Section 164 of the Criminal Procedure Code in the month of June, 2020. The police case is of April 21, 2020. The police filed charge sheet in the month of November, 2020.

The victim in her statement recorded under Section 164 of the Criminal Procedure Code squarely implicates the petitioner. In such circumstances, we are not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 4456 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)