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Calcutta High CourtCRM (A)/5467/2022dismissed as rejected

Amjed @ Amjad Ali And ANR v. State Of West Bengal

2022-12-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

06.12.2022 Serial no.8 Aloke CRM (A) 5467 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kushmundi Police Station Case No. 165 of 2022 dated 13.07.2022 under Sections 376/307/325/323/506/34 of the Indian Penal Code. -AndIn the matter of : Amjed @ Amjad Ali & Anr. ... ... Petitioners Ms. Jeenia Rudra, Advocate ... ... For the Petitioners Mr. Binay Panda, Advocate Mr. Subham Bhakat, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

The victim in her statement recorded under Section 164 of the Code of Criminal Procedure implicates the first petitioner along with two other in raping her.

The second petitioner is implicated for causing abortion to her pregnancy. The victim also states that offensive pictures and photographs of her were made viral on the internet by the first petitioner.

Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are unable to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected. CRM (A) 5467 of 2022 is dismissed.

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