Calcutta High CourtCRM (A)/5484/2022dismissed as rejected

Mustak Alam v. State Of West Bengal

2022-11-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

C.R.M. (A) 5484 of 2022 28.11.2022 Sl.14 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No.785 of 2022 dated 30/08/2022 under Sections 448/417/376/506 of the Indian Penal Code , vide G.R. Case No.2373 of 2022.

And In the matter of: Mustak Alam ....petitioner.

Ms. Minoti Gomes Mr. Asfak Ahammed ... for the petitioner.

Mr. Avishek Sinha ... for the State.

Petitioner prays for anticipatory bail.

The victim claims that she was raped in her statement recorded under Section 164 of the Code of Criminal Procedure. She claims that she was inflicted injury by a blade. Apparently her stand is corroborated by her medical examination report. The petitioner is the person said to be the perpetrator. In such circumstances, we are unable to grant anticipatory bail to the petitioner.

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

C.R.M. (A) 5484 of 2022 is dismissed.

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