The Calcutta High Court rejected an application for anticipatory bail filed by Sri Biswajit Basak in connection with a POCSO and IPC case. The Court found the gravity of the offences and extent of complicity precluded granting bail.
Rejection of application for anticipatory bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
05.12.19 rpan/17 Ct. No.1 [Rejected]
CALCUTTA HIGH COURT In the Circuit Bench at Jalpaiguri
C. R. M. 1078 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 26.11.2019 in connection with Falakata Police Station Case No. 479 of 2019 dated 30.08.2019 under Sections 341/354D/509/363/376(2)(i)/34 of the Indian Penal Code, 1860 read with Section 4 of the Protection of Children from Sexual Offence Act, 2012;
In Re: Sri Biswajit Basak Mr. Kalipada Das Mr. Nilay Chakrabory
And … … Petitioner … for the Petitioner … for the State
Apprehending arrest in connection with Falakata Police Station Case No. 479 of 2019 dated 30.08.2019 under Sections 341/354D/509/363/376(2)(i)/34 of the Indian Penal Code, 1860 read with Section 4 of the Protection of Children from Sexual Offence Act, 2012 the present application has been preferred by the petitioner seeking anticipatory bail.
Heard the learned advocates appearing for the respective parites.
Upon considering the materials in the case diary, the gravity of the offence and the extent of complicity of the petitioner in the alleged offence, we are not inclined to grant anticipatory bail in favour of the petitioner.
2
In view thereof, the application for anticipatory bail, being CRM No. 1078 of 2019 is rejected.
(Rajarshi Bharadwaj, J.)
(Tapabrata Chakraborty, J.)
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 CrPC given the gravity of the offence and petitioner's complicity.
Whether the application for anticipatory bail meets the requirements of Section 4 of the POCSO Act.
3 provisions across 3 enactments
Sri Biswajit Basak
The State
Rajarshi Bharadwaj
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
