Gaju Mandal @ Goju And ANR v. State Of West Bengal

28.11.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 5500 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 1413 of 2021 dated 18.10.2021 under Sections 363/365/109 of the Indian Penal Code, 1860 and Section 6/17 of the POCSO Act. And In Re : Gaju Mandal @ Goju & Anr.

...... petitioners Mr. Amitava Karmakar Mr. Arup Kumar Bhowmick ....for the petitioner Mr. Joydip Roy Mr. Amanul Islam ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the principal accused is still in custody. The police filed charge-sheet and, therefore, need for custodial interrogation is not there.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). The victim is a minor. In her 164 Cr.P.C. statement, she claims that she was sexually assaulted and that she required hospitalization. She was put up at a place where the petitioners were present.

In such circumstances, 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. Accordingly, prayer for anticipatory bail of the petitioners is rejected and the application being CRM (A) 5500 of 2022 is dismissed.

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