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Calcutta High CourtCRM (A)/4179/2023rejected

Hamed Ali v. State Of West Bengal And ANR

2023-10-13Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen1 pages

13.10.2023 (D/L 21) Ct. No.29 (Rejected) (SKB) CRM (A) 4179 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No.1094 of 2023 dated 21.08.2023 under Sections 307 of the Indian Penal Code with Sections 6/18 of the POCSO Act (Special Case No.76 of 2023).

In the matter of : Hamed Ali ... Petitioner Ms. Roma Roy ... for the petitioner Mr. Avishek Sinha ... for the State

1. Heard learned advocates for the parties.

2. On perusal of the statement of the victim as recorded under Section 164 Cr.P.C., we find there are direct ugly allegations as against the present petitioner.

3. Regard being had to the seriousness of such allegation and the offence as involved, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner.

4. According the prayer for anticipatory bail is rejected.

5. CRM (A) 4179 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)