← Library
Calcutta High CourtCRM (A)/5675/2022dismissed as rejected

Imjamul Hoque Biswas v. State Of West Bengal And ANR

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

12.12.2022 Serial no.12 Aloke CRM (A) 5675 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Cyber Crime Police Station Case No. 42 of 2022 dated 08.10.2022 under Sections 376C of the Indian Penal Code read with Sections 4/12 of the POCSO Act and Sections 66E/67B of the Information Technologies Act, 2000. -AndIn the matter of : Imjamul Hoque Biswas ... ... Petitioner Mr. Sekhar Kr. Basu, ld. Sr. Advocate Mr. Kusal Kr. Mukherjee, Advocate ... ... For the Petitioner Mr. Sanjay Bardhan, Advocate Ms. Baishakhi Chatterjee, Advocate ... ...For the State Mr. Krishnendu Bhattacharya, Advocate Mr. Priyankar Ganguly, Advocate Mr. P. Baidya, Advocate ... ... For the de facto complainant Petitioner seeks anticipatory bail.

State and the de facto complainant are represented. Attention of the Court is drawn to the fact that there are two victims Both the victims are not parties to the proceedings. One of the victims is a party to the proceeding.

There are materials in the case diary implicating the petitioner in the offences alleged. There are statements recorded under Section 164 of the Code of Criminal Procedure of the victims implicating the petitioner in taking obscene picture of the victims. The victims are minors.

In such circumstances, we are unable to grant anticipatory bail tot he petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 5675 of 2022 is dismissed.

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