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Calcutta High CourtCRM (A)/4413/2023rejected

Khairul Hoque @Sairul Hoque @Sairul v. State Of West Bengal

2023-09-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Partha Sarathi Sen2 pages

29.09.2023 sdas rejected C.R.M. (A) No. 4413 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pukhuria Police Station Case No. 255 of 2019 dated 12.07.2019 under Sections 363/365/368/34 of the Indian Penal Code. And In Re : Khairul Hoque alias Sairul Hoque alias Sairul ..... petitioner Mr. Soupal Chatterjee Mr. Prabir Kumar Das Ms. Sucheta Banerjee ... for the petitioner Mr. Anowar Hossain Ms. Sreyashee Biswas ... for the State 1.

Learned Counsel for the petitioner submits an earlier criminal case was registered against the husband of the victim in 2013. In retaliation he has been falsely implicated. He prays for bail.

2.

Learned Counsel for the State opposes the prayer for bail.

3. We have considered the statement of the victim lady. She states that she had been raped by the petitioner. Petitioner had absconded for four years. Under such circumstances, we do not consider it prudent to grant anticipatory bail to the petitioner.

4. The application for anticipatory bail is, thus, rejected. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)