Sajal Roy v. State Of West Bengal And ANR

C.R.M. (A) 4101 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with New Barrackpore Police Station Case No. 179 of 2022 dated 30.05.2022 under Sections 376/366 of the IPC read with Sections 4 of the POCSO Act.

And In the matter of: Sajal Roy ....petitioner.

Mr. Sibaji Kumar Das Mr. Kausik Biswas Ms. Dona Sanyal ...for the petitioner.

Mr. Anowar Hossain Ms. Ratna Ghosh ...for the State.

11.10.2023 ML. 12 Court No. 29 Suvayan (Rejected)

1. Heard learned Advocate for both the parties.

2. It is submitted on behalf of the petitioner that the allegation as leveled against the present petitioner is false and the present petitioner is innocent.

3. While opposing the prayer, learned Advocate for the State draws our attention to the statement of the victim as recorded under Section 164 Cr.P.C. From such statement, we find that it is the version of the victim girl that on the plea of training her driving a motor cycle the present petitioner took the victim girl to a flat and thereafter made her to consume alcohol and, thereafter, ravished her.

4. Though investigation has been completed in the meantime but considering the gravity of the offence as leveled against the petitioner, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

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

6. The application being CRM (A) 4101 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)