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Calcutta High CourtCRM (A)/4715/2023rejected

Binod Singha Roy v. State Of West Bengal And ANR

2023-12-14Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen2 pages

C.R.M. (A) 4715 of 2023 14.12.2023 ML. 73 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 Kotwali Police Station Case No. 419 of 2023 dated 20.05.2023 under Sections 498A/420/325/376/506/120B IPC adding Section 4 of the POCSO Act.

And In the matter of: Binod Singha Roy ....petitioner.

Mr. Angshuman Chakraborty Mr. S. S. Saha ...for the petitioner.

Mr. Avishek Sinha ...for the State.

Mr. Amit Ranjan Pati ...for the de facto complainant.

1. Heard learned Advocate for both the parties.

2. Though it is submitted by the learned Advocate for the petitioner that the present petitioner has been wrongly entangled with instant case with mala fide intention to harass the petitioner and to extort more money by the victim's mother with whom he had a relationship but from the statements of the victim/minor girl, we find serious allegation of sexual harassment by the present petitioner upon the said victim girl.

3. Regard being had to the seriousness of the crime and the quantum of punishment as prescribed for, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

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

5. The application being CRM (A) 4715 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)