Abu Motalep @ Md. Abumotalep @ Abu Taleb v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 23.09.2021 Court No.01 rpan /10 C.R.M. 538 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

and In Re : Abu Motalep @ Md. Abumotalep @ Abu Taleb - Petitioner.

Mr. Sudip Guha ... for the petitioner.

Mr. Tapan Bhattacharjee, Mr. Aniruddha Biswas ... for the State.

Apprehending arrest in connection with Dhupguri Police Station Case No.436 of 2020 dated 14.11.2020 under Sections 363/365 of the Indian Penal Code, 1860, the petitioner has filed the present application.

The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. No overt act has been attributed to the petitioner. The allegations levelled against the petitioner are absolutely unfounded and in view thereof, custodial interrogation is not necessary.

The Learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the statement of the victim girl, who happens to be a minor, as recorded under Section 164 of the Code.

Having heard the learned advocates and considering the materials in the case diary, including the statement of the victim girl as recorded under Section 164 of the Code, the gravity of the offence and the extent of complicity of the petitioner in the alleged

offence, we are not inclined to exercise any discretion in favour of the petitioner, more so when investigation is still continuing. As such, his prayer for anticipatory bail is refused. Accordingly, the application for anticipatory bail, being CRM 538 of 2021, is dismissed.

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