Ashadul Malitya v. State Of West Bengal

02.01.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 6037 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 764 of 2022 dated 04.09.2022 under Sections 498A/376/406/34 of the Indian Penal Code, 1860 and added Section 12 of the Protection of Children from Sexual Offences Act, 2012.

And In Re : Ashadul Malitya ...... petitioner Mr. Priyankar Ganguly ....for the petitioner Mr. Angshuman Chakraborty ....for the State The husband and the parents-in-law of the de-facto complainant were granted bail by the Sessions Court. The statement of the de-facto complainant recorded under Section 164 of the Code of Criminal Procedure implicates the petitioner in the incident of rape.

Considering the gravity of the offence and the involvement 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) 6037 of 2022 is dismissed.

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