Calcutta High CourtCRM (A)/5966/2022dismissed as rejected

Mosharaf Hossain v. State Of West Bengal

2022-12-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

C.R.M. (A) 5966 of 2022 22.12.2022 Sl.46 Court No.29 (AD) (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Itahar Police Station Case No.462 of 2022 dated 23.08.2022 under Sections 498A/307/376/377 of the Indian Penal Code, 1860 in correspondence to GR No.2193/2022.

And In the matter of: Mosharaf Hossain ....petitioner.

Mr. Kunal Ganguly ...for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. PP Mr. Partha Pratim Das Ms. Manasi Roy ... for the State.

Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

The victim in her statement recorded under Section 164 of the Code of Criminal Procedure squarely implicates the petitioner. Considering the gravity of the offence, the contents of the statement recorded under Section 164 of the Code of Criminal Procedure and the materials in the case diary, 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) 5966 of 2022 is dismissed.

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