The court rejected an application for anticipatory bail under Section 438 CrPC in a case involving Sections 306/120B IPC and Section 12 POCSO. Held the application dismissed due to offence gravity and petitioner involvement.
Application for anticipatory bail is rejected and dismissed.
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.
11.02.2022
Sl. 04 Court No.29 suvayan (rejected)
CRM (A) 653 of 2022
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hanskhali P.S. Case No. 712/2021 dated 09/10/2021 under Sections 306/120B of the Indian Penal Code read with Section 12 of POCSO Act.
And
In the matter of: Dilip Mondal & Ors. Mr. Sayen De Mr. Sayan Kanjilal Mr. Swapan Banerjee Ms. Purnima Ghosh
… for the petitioners. …for the State.
Petitioners seek anticipatory bail. Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. The principal accused was residing at Kolkata far away from the place of the incident.
Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Criminal Procedure Code.
Considering the fact that the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary at this stage, we are unable to grant anticipatory bail to the petitioners.
The application for anticipatory bail, being CRM (A) 653 of 2022, is rejected.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether anticipatory bail should be granted where the court cites the gravity of the offence and the petitioners' involvement based on case diary materials.
Whether the distance of the principal accused affects the grant of anticipatory bail in a serious offence involving false implication claims.
4 provisions across 3 enactments
Dilip Mondal & Ors.
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
