Sk Hasanur @ Sk. Hasanur Rahaman v. State Of West Bengal
02.01.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 6023 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panskura G.R.P.S. Case No. 09 of 2022 dated 18.10.2022 under Sections 341/354/354D/325/509 of the Indian Penal Code, 1860.
And In Re : Sk. Hasanur @ Sk. Hasanur Rahaman ...... petitioner Mr. Mrityunjoy Chatterjee Mr. Bhaskar Hutait Mr. Debapriya Majumdar ....for the petitioner Mr. Bidyut Kumar Roy Ms. Sima Biswas ....for the State Petitioner prays for anticipatory bail.
Learned advocate appearing for the petitioner submits that, the victim and the petitioner are adults. They studied in the same school and in the same class.
Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) as also to the medical examination report.
The victim in her 164 Cr.P.C. statement squarely implicates the petitioner. Her description of the incident is corroborated by the medical examination report of her as also of her mother and sister.
In view of the gravity of the offence, the materials in the case diary and the complicity of the petitioner therein, we are unable to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 6023 of 2022 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)