The Court refused an application for anticipatory bail under Section 438 CrPC filed by Sekendar Sing in connection with Sections 448/376 IPC. Considering the victim's statement and case gravity, bail was denied.
Prayer for anticipatory bail refused and application dismissed.
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09.10.2020
Item No. 33 k.b./b.r.
rejected
C.R.M. 6782 of 2020 (via video conferencing)
In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Women P.S. Case No. 106 of 2020 dated 30.07.2020 under Sections 448/376/323/325/506 of the Indian Penal Code (corresponding GR Case 1291 of 2020).
And
In Re : Sekendar Sing ...… petitioner
Mr. Kaushik Chowdhury ..…for the petitioner.
Mr. Partha Pratim Das
.…for the State
Petitioner undertake to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing.
The petitioner is apprehending arrest in connection with Raiganj Women PS. Case No. 106 of 2020 dated 30.07.2020 under Sections 448/376/323/325/506 of the Indian Penal Code (corresponding GR Case No. 1291 of 2020).
It is submitted that the petitioner has been falsely implicated in this case.
Learned Counsel for the State opposes the bail prayer in the interest of investigation.
2
Having considered the materials placed before us in particular, statement of the victim recorded under Section 164 Cr.PC and the gravity of offence, prayer for anticipatory bail is refused.
CRM 6782 of 2020 is thus rejected and thus disposed
of.
(Shivakant Prasad, J.) (Subrata Talukdar, J.)
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case involving Section 376 IPC.
Whether the gravity of the offence and investigation requirements justify refusal of bail.
1 provisions across 1 enactments
Sekendar Sing
The State
Shivakant Prasad
Subrata Talukdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
