Sk. Siraj @ Sk. Miraj Saheb v. State Of West Bengal And ANR

22.01.2024 Serial no. 103 Anticipatory bail [Rejected] Dd CRM (A) 4482 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul Police Station Vide First Information Report Case No. 440 of 2023 dated 01.07.2023 under Sections 341/448/427/354(b)/506/34 of the Indian Penal Code, 1860 read with Section 8 of POCSO Act.

-AndIn the matter of : Sk. Siraj alias Sk. Miraj Saheb ... ...Petitioner Mr. Devi Priya Mitra, Advocate ... ... For the Petitioner Mr. Abhra Mukherjee, Mr. Dipankar Mahata, Advocates ... ...For the State Affidavit-of-service filed in Court be taken on record. Miraj was a petitioner in CRM(A) 3316 of 2023 which was disposed of by an order dated September 1, 2023. Miraj there did not press such application. Other co-accused was granted anticipatory bail by the co-ordinate Bench on finding that there was no allegation against the other co-accused with regard to POCSO Act.

Victim is a minor. Victim recorded a statement under Section 164 of the Criminal Procedure Code.

Victim implicates the petitioner in the incident of bad touch.

Petitioner does not stand on the same footing as that of other co-accused who was granted anticipatory bail by the order dated September 1, 2023.

Materials in the case diary suggest requirement of custodial interrogation of the petitioner.

In such circumstances, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 4482 of 2023 is dismissed.

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