In Application C.R.M. 867 of 2021, the court rejected a petition for anticipatory bail under Section 438 CrPC in a case under POCSO and IPC. The bench found complicity worthy of custodial interrogation and dismissed the prayer.
The application for anticipatory bail under Section 438 CrPC was rejected.
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.
1
16.04.2021
242
Ct-28
ar C.R.M. 867 of 2021
Rejected
In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Arambagh Police Station Case No. 539 of 2019 dated 11.12.2019 under Sections 363/365 of the Indian Penal Code read with Sections 8/12 of the Protection of Children from Sexual Offences Act.
And
In the matter of: Arghya Malik
…Petitioner
Mr. Suman Chakraborty … For the Petitioner
Mr. Narayan Prasad Agarwala Ms. Subhasree Patel … For the State
Learned advocate for the petitioner submits that the petitioner has been falsely implicated in this case.
The learned advocate appearing for the State opposes the prayer for anticipatory bail and draws the attention of this Court to the statement under Section 164 of the Code of Criminal Procedure.
Having regard to the nature of allegations, we find complicity of the petitioner in the alleged offence and as such the custodial interrogation of the petitioner is warranted.
In the facts and circumstances of the case, the prayer for anticipatory bail is rejected.
CRM 867 of 2021 is thus dismissed.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
(Soumen Sen, J.)
2
1 issue framed by the court
Whether anticipatory bail can be granted when the court finds complicity in the alleged offence warranting custodial interrogation.
4 provisions across 3 enactments
Arghya Malik
State
Tirthankar Ghosh
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
