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Calcutta High CourtCRM (A)/4083/2023dismissed as rejected

Aanichur Mondal @ Anisur Mondal @ Anichhur Mandal And ANR. v. State Of West Bengal

2024-02-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

C.R.M. (A) 4083 of 2023 29.02.2024 DL-30 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tapan Police Station Case No. 487 of 2023 dated 19.08.2023 under Sections 341/506/34 of the Indian Penal Code and Sections 6/12 of Protection of Children from Sexual Offences Act. (Special Case No.53 of 2023) And In the matter of: Aanichur Mondal @ Anisur Mondal @ Anichhur Mandal & Anr.

....petitioners.

Mr. Kaushik Choudhury Mr. Sabyasachi Hazra Ms. Busra Khatun ... for the petitioners.

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

Victim recorded her statement under Section 164 of the Code of Criminal Procedure implicating the principal accused. Apparently, the victim was recovered by the police in August, 2023. She underwent a medical examination which corroborates penetrative sexual assault on her.

Victim is a minor.

Petitioners before us are the parents of the principal accused. Principal accused is still absconding.

Considering the gravity of the offence and the involvement of the petitioners in the incident, we are unable to grant anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

C.R.M. (A) 4083 of 2023 is dismissed.

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