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Calcutta High CourtCRM (A)/3713/2025rejected

Jenarul Islam v. State Of West Bengal And ANR

2025-12-09Hon'Ble Justice Jay Sengupta2 pages

09.12.2025 Court No.28 Item No.23 ssi CRM (A) 3713 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Gangarampur Police Station Case No. 542 of 2025 dated 11.08.2025 under Sections 329 (4)/115(2)/64(1)/62/324(4)/351 (2) of the BNS 2023.

And In the matter of: Jenarul Islam ....Applicant/Petitioner Mr. Mazhar Hossain Chowdhury ...for the petitioner Ms. Sumita Sarkar ...for the de facto Ms. Sonali Das Ms. Jonaki Saha ..for the State Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in this case. There was a long pending family dispute between the parties. Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. The gynecology examination was refused as there was no allegation of any sexual assault. But, there was an attempt to commit rape. However, the medical examination regarding injuries shows that there were injuries on the body of the victim. The victim's version is clearly supported by two post occurrence witnesses, a neighbor and a house help.

Considering the serious nature of allegations and the incriminating materials available in the case diary, I do not consider this is to be a fit case for granting anticipatory bail. Accordingly, the application for anticipatory bail of the petitioner is rejected.

(Jay Sengupta, J.)