Rahul Sk. v. State Of West Bengal

C.R.M. (A) 4271 of 2023 20.11.2023 SL. 10 Court No. 29 Suvayan (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Raghunathganj Police Station Case No. 436 of 2023 dated 22.05.2023 under Sections 448/376D/506 of the IPC corresponding to G.R. Case No. 1258 of 2023.

And In the matter of: Rahul Sk.

....petitioner.

Ms. Shabana Hasin ...for the petitioner.

Mr. S. S. Imam Mr. S. Kundu ...for the State.

1. Heard learned Advocate for both the parties.

2. From the materials placed before us, we find the role of the present accused petitioner in the alleged crime along with other co-accused persons are found to be prima facie prominent in course of investigation especially from the statement of the victim as recorded under Section 164 Cr.P.C. It also prima facie that there was no delay in lodging the FIR.

3. Considering the seriousness of the crime, 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) 4271 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)