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Calcutta High CourtCRM (A)/5933/2022dismissed as rejected

Imrajul Sk @ Mirajul Sk v. State Of West Bengal

2022-12-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5933 of 2022 22.12.2022 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 Beldanga Police Station Case No.574 of 2022 dated 18.09.2022 under Sections 509/506/448/376/511/307 of the Indian Penal Code ended with charge sheet no.553 of 2022 dated 31.10.2022 under Sections 509/506/448/376/511 of the Indian Penal Code. And In the matter of: Imrajul Sk @ Mirajul Sk ....petitioner.

Mr. Sandip Dinda ...for the petitioner.

Mr. Navanil De ... for the State.

Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police filed charge sheet and, therefore, custodial interrogation of the petitioner is not required. The petitioner was falsely implicated. The husband of the de facto complainant was asked to stay outside in a mediation at the village level. Learned Advocate appearing for the State draws the attention of the Court to the statement of the de facto complainant recorded under Section 164 of the Code of Criminal Procedure, the statement of the niece of the de facto complainant recorded under Section 164 of the Code of Criminal Procedure and the medical report of the de facto complainant.

The de facto complainant narrates an attempt to rape at the behest of the petitioner in her statement recorded under Section 164 of the Code of Criminal Procedure.

Her statement is corroborated by the statement of the niece recorded under Section 164 of the Code of Criminal Procedure. The injury report of the de facto complainant tends to

corroborate the claim of the de facto complainant. 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) 5933 of 2022 is dismissed.

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