Md. Aftabuddin @ Md. Atabuddin Ali And ORS. v. State Of West Bengal And ORS.

C.R.M. (A) 4701 of 2023 14.12.2023 ML. 68 Court No. 29 Sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Shasan Police Station Case No. 163 of 2023 dated 31.08.2023 under Section 376(DA) IPC read with Section 6 of the POCSO Act. And In the matter of: Md. Aftabuddin @ Md. Atabuddin Ali & Ors. ....petitioners.

Mr. Niladri Sekhar Ghosh Ms. Sampurna Chatterjee Mr. Sourav Mondal ...for the petitioners.

Mr. Joydeep Roy Ms. Sujata Das ...for the State.

Mr. Mujibar Ali Naskar ... for the defacto complainant.

1. Heard learned Counsel for the parties.

2. On perusal of the entire materials as placed before us, we find that the present three petitioners are named in the FIR. It also reveals from the statements of the witnesses that the present three petitioners with a plea to take the two minor victims to board them on a train took them by the side of a rail line and thereafter, ravished them.

3. In considered view of this Court for effective investigation of the instant matter, custodial interrogation of the present three petitioners are very much necessary for ascertaining their identification by the victims.

4. Considering the entire circumstances and seriousness of the crime, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioners.

5. Accordingly, the prayer for anticipatory bail is rejected.

6. The application being CRM (A) 4701 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)