Masud Saha@Shaha v. State Of West Bengal And ANR

02.02.2024 Item No.53 Ct. No. 29 CHC Rejected C.R.M.(A) 5426 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Diamond Harbour Police Station Case No. 276 of 2023 dated 02.07.2023 under Sections 363/365 of the Indian Penal Code, and adding Sections 376(n)/376(3) of the Indian Penal Code and Section 06 of the Protection of Children from Sexual Offences Act, 2012.

And In the matter of : Masud Shah @ Shaha ...... petitioner Mr. Ayan Basu, Mr. Sandip Kr. Mondal, Mr. Sumit Routh ....for the petitioners Mr. Saryati Datta ....for the State Ms. Minoti Gomes, Mr. Kausik Biswas ....for the de facto complainant Petitioner, State and the de facto complainant are represented.

Victim recorded her statement under Section 164 of the Criminal Procedure Code exonerating the petitioner from the offences of kidnapping and abduction. However, she acknowledges physical relationship with the petitioner. Victim apparently slightly over 15 years of age at the time of the incident.

Considering such aspect of the matter, we are unable to grant anticipatory bail to the petitioner.

This application for anticipatory bail is, thus, rejected. CRM(A) 5426 of 2023 is disposed of.

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