Asharul Sk @ Nahed Sk v. State Of West Bengal

19.11.2020

(36) KC Rejected C.R.M. 8703 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bharatpur Police Station Case No. 259 of 2020 dated 09.10.2020 under Sections 417/376/506 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act.

In the Matter of : Asharul Sk @ Nahed Sk.

.... petitioner.

Mr. Manas Das .............................For the petitioner. Mr. N.P. Agarwala, Mr. G. Wilson................................For the State. The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within forty eight hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The victim is 16 years old. The alleged offence of rape took place in September this year.

The Protection of Children from Sexual Offences Act, 2012 is thus attracted.

In those circumstances, we do not think it fit to grant anticipatory bail to the petitioner. This application for anticipatory bail is thus rejected.

(I.P. MUKERJI, J.) (MD. NIZAMUDDIN, J.)