Ali Md. Abu Sayeed @ Ali Mahammad Abu Said @ Kochi @ Kachi v. The State Of West Bengal And ANR

12.11.2024 Sl. No.6 akd [Rejected] C. R. M. (A) 3769 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 04.10.2024 in connection with Raghunathganj Police Station Case No.777 of 2024 dated 28.06.2024 under Section 376 of the Indian Penal Code. (G.R. Case No.2078 of 2024) And In Re: Ali Md. Abu Sayeed @ Ali Mahammad Abu Said @ Kochi @ Kachi ... ... Petitioner Ms. Shabana Hasin Ms. Samina Akter ... ... for the petitioner Mr. Samrat Choudhury ... ... for the victim Mr. Arnab Chatterjee Mr. Debarshi Brahma ... ... for the State 1.

It is submitted on behalf of the petitioner he has been falsely implicated owing to prior enmity. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

Learned Advocate for the victim also opposes the prayer for anticipatory bail and submits petitioner is a civic volunteer and due to his undue influence, FIR was not registered. He had forcibly violated the victim lady.

4.

We have considered the materials on record. Statement of the victim before Magistrate shows petitioner came to her house when she was alone and forcibly raped her. Petitioner is a civic volunteer and his undue influence over police administration cannot be ignored. Keeping in mind the gravity of the offence and the fact petitioner is a part of the Signed By : ARUP KUMAR DAS High Court of Calcutta 14 th of November 2024 04:25:11 PM

police administration, we are not inclined to grant anticipatory bail to him.

5.

Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 14 th of November 2024 04:25:11 PM