Umar Ali Mia @ Omar Ali Mia v. State Of West Bengal

16.01.2020 sdas rejected C.R.M. 515 of 2020 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 14.01.2020 in connection with Ghoksadanga Police Station Case No. 221 of 2018 dated 2012.2018 under Sections 448/325/326/307/376/511/34 of the Indian Penal Code read with added Section 302 of the Indian Penal Code with added Section 8 of the POCSO Act.

And In Re : Umar Ali Mia @ Omar Ali Mia ..... petitioner Mr. Arnab Saha ... for the petitioner Mr. Madhusudan Sur, learned A.P.P.

Mr. Dipankar Paramanick ... for the State It is submitted by the learned Counsel appearing for the petitioner that he is not the principal accused. Learned Counsel appearing for the State opposes the prayer for anticipatory bail and submits that the petitioner had assaulted the relations of the victim who had been sexually molested. Having considered the materials on record and keeping in mind the prima facie role of the petitioner in the alleged crime and in view of gravity of the offence, we are of the opinion that this is not a fit case to grant anticipatory bail.

Accordingly, prayer for anticipatory bail is rejected. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)