Calcutta High CourtCRM (A)/5086/2023dismissed as rejected

Gobinda Ghosh v. State Of West Bengal

2024-01-24Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

24.01.2024 Ct. No. 29 S.D.

REJECTED C.R.M.(A) 5086 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 293 of 2023 dated 07.10.2023 under Sections 376(3)/34 of the Indian Penal Code and under Section 6 of the POCSO Act.

And In Re : Gobinda Ghosh & Anr.

...... petitioners Mr. Asraf Mondal ....for the petitioners Mr. Debabrata Chatterjee, Mr. Santanu Chatterjee ...for the State CRM(A) 5086 of 2023 is dismissed as infractuous as petitioner no.1 was arrested and granted bail by the Jurisdictional Court.

So far petitioner no.2 is concerned, we find that, the victim in her statement under Section 164 Cr.P.C. ascribed a specific role to her in the incident.

Victim is the minor.

Considering the gravity of the offence and materials in the case diary, we are unable to grant anticipatory bail to the petitioner no.2 and the prayer for anticipatory bail of petitioner no.2 is rejected.

The application being C.R.M.(A) 5086 of 2023 is dismissed.

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