Saddam Md @ Saddam Hossain @ Saddam Mahammad @ Kaltu v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 23.09.2021 Court No.01 rpan /26 C.R.M. 572 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

and In Re : Saddam Md @ Saddam Hossain @ Saddam Mahammad @ Kaltu

...Petitioner.

Mr. Partha Pratim Sarkar ... for the petitioner.

Mr. Arun Kumar Sarkar, Ms. Namrata Das ... for the State.

Apprehending arrest in connection with Haldibari Police Station Case No.52 of 2021 dated 18.03.2021 under Section 376 of the Indian Penal Code, 1860, the petitioner has preferred the present application.

The learned advocate appearing for the petitioner submits that the alleged incident occurred on 16th March, 2021, the complainant was drafted on 17th March, 2021 and the same was registered on 18th March, 2021. De facto complainant recorded her 164 statement on 19th March, 2021. There is no plausible explanation of the delay which occurred. The petitioner has been falsely implicated and the allegations levelled against him are unfounded. In the said conspectus, his custodial interrogation is not necessary.

The learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary, the medical report, the statement of the de facto complainant, 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 his favour. As such, his prayer for anticipatory bail is refused.

Accordingly, the application for anticipatory bail, being CRM 572 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.)