Calcutta High CourtCRM(A)/101/2022dismissed

Malay Barman v. State Of West Bengal

2022-02-17Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

17.02.2022 Court No.32 JP Item No. 08 Avijit Mitra Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side Through Video Conference C.R.M. (DB) No. 101 of 2022 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Malay Barman Petitioner Mr. Ranadeb Sengupta For the Petitioner Mr. Aditi Shankar Chakraborty, Mr. Tapan Bhattacharjee For the State Apprehending arrest in connection with Haldibari Police Station Case No.280 of 2021 dated 19.11.2021 under Sections 417/376/506/109 of the Indian Penal Code, the present application has been preferred.

Mr. Sengupta, learned advocate appearing for the petitioner submits that there was a consensual relationship between the petitioner and the victim for a period of about 3 years. Both of them are adults and as such, both were aware of the consequences of such consensual relationship. The complaint had been lodged about 3 months after there was a meeting of the parties with the local panchayat. Such delay has not been explained. In the said conspectus, custodial interrogation may not be necessary and the petitioner may be granted anticipatory bail on any condition.

Mr. Bhattacharjee, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the contents of the complaint, the statement of the victim girl as recorded under Section 164 of the Code and other documents in the case diary.

Heard the learned advocates appearing for the respective parties and considered the materials in the case diary. Prima facie, there are strong incriminating materials against the petitioner. Considering the seriousness of the offence and the possible extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise any discretion in his favour more so when investigation is not yet complete. The petitioner's prayer is thus refused.

The application for bail, being CRM (A) No.101 of 2022, is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J) (Tapabrata Chakraborty, J)