Rupchand Mondal v. The State Of West Bengal

31.01.2024 Serial no. ML 527 Anticipatory bail [Rejected] Dd CRM (A) 5246 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 674 of 2023 dated 24.08.2023 under Sections 448/376/511/325/506/34 of the Indian Penal Code, 1860.

-AndIn the matter of : Rupchand Mondal ... ...Petitioner Mr. Ashok Das, Mr. Amanul Islam, Mr. Sourav Mukherjee, Advocates ... ... For the Petitioner Md. Anwar Hossain, Ms. Ratna Ghosh, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The previous police complaint was lodged as against the petitioner where, petitioner was enlarged on anticipatory bail. Subsequent thereto, the present police complaint was lodged. We perused the materials in the case diary including the statements of neighbours and statements recorded under Section 164 of the Criminal Procedure Code of the victim and her daughter.

An incident of assault did take place at the barest minimum.

Statement of the victim of an attempt to rape her is corroborated by the statement of her daughter.

Neighbours also saw the petitioner at the time and place of occurrence.

In such circumstances, considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 5246 of 2023 is dismissed.

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