Chittaranjan Das@Kedo v. State of West Bengal
Case brief
What is this about?
The High Court considered an application for anticipatory bail under Section 438 CrPCI connected to a sexual offence case where the victim was mentally retarded. The court found the allegations serious and held it was not a fit case for anticipatory bail, rejecting the prayer.
What did the court decide?
Prayer for anticipatory bail under Section 438 CrPC stands rejected and the application is disposed of.
What the court decided
04.12.2020 SL. 1 Sws M Ct. No.11
CRM 7564 of 2020 IA No. CRAN 1 of 2020
(Via Video Conference)
In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baruipur Police Station Case No. 2113 of 2019 dated 15/09/2019 under Sections 376/506 of the Indian Penal Code.
And
In the matter of : Chittaranjan Das @ Kedo
….. Petitioner
Mr. Suman De …. for the Petitioner Mr. S.S. Imam Mr. Subrato Roy …for the State.
The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.
Learned Advocate for the petitioner submits that the petitioner has been falsely implicated in the case and he is innocent of the charges. He further submits that the incident was reported after about thirteen days. Learned Advocate further draws the attention to the statement under Section 164 of the Code of Criminal Procedure, statement of some of the witnessess recorded by the Investigating Officer under Section 161 of the Code of Criminal Procedure as also certain medical documents.
Issues for consideration
2 issues framed by the court
Whether an application for anticipatory bail under Section 438 CrPC is maintainable given the nature of allegations against a mentally retarded victim.
Whether the facts of this case justify the extension of the privilege of anticipatory bail.
Parties & counsel
- applicant
Chittaranjan Das @ Kedo
- respondent
The State
Coram
Tirthankar Ghosh
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · December
- Registered
- Case no.
- CRM/7564/2020
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