Calcutta High Court (Appellete Side)
Jewel Sarkar @ Juel Sarkar vs Unknown on 11 October, 2023
11.10.2023 C.R.M. (A) 3955 of 2023
SL. 21
Court No. 29
Sourav
In Re: - An application for anticipatory bail under Section 438 of
(Rejected) the Code of Criminal Procedure in connection with Raiganj
Police Station Case No. 72 of 2023 dated 28.05.2023 under
Sections 493/376/417/506 IPC (corresponding to G.R. Case
No. 1140 of 2023).
And
In the matter of: Jewel Sarkar @ Juel Sarkar
....petitioner.
Mr. Ashok Das
Mr. Mazhar Hossain Chowdhury
...for the petitioner.
Mr. Tanmoy Mr. Ghosh
Ms. Sonali Bhar
...for the State.
Mr. Kamal Ganguly
... for the defacto complainant.
1.Heard learned Counsel for the parties.
2. On the last occasion, i.e., on 03.10.2023 we had requested the learned Counsel for the State to take instruction as to whether any departmental proceeding has been initiated against the present petitioner or not. To that effect, learned Counsel for the State has submitted a report prepared by LSI, Subhadra Saha of Raiganj Women P.S. wherefrom it reveals that the present petitioner being an ASI of the said Police Station is not attending his duty since 28.05.2023 and he is found unauthorized absent and a departmental proceeding has also been initiated in the meantime.
3. So far as the allegation of the informant is concerned in connection with the case as involved in the instant application, we find that in course of investigation statement 2 of the victim has been recorded under Section 164 Cr.P.C. In such statement, we found that the victim lady categorically stated as to how she was raped repeatedly in different places by the present petitioner by exploiting his official position.
4. Considering the seriousness of the crime and the gravity of offence as levelled against the present petitioner and also considering the fact that investigation is in progress, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner.
5. Accordingly, the prayer for anticipatory bail is rejected.
6. The application being CRM (A) 3955 of 2023 is dismissed.
(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.) 3