Calcutta High Court (Appellete Side)
Asim Kumar Mallick @ Raju vs Unknown on 4 July, 2023
04.07.2023 C.R.M. (A) 2353 of 2023
Sl. 41
Court No. 29
Sourav
In Re: - An application for anticipatory bail under Section 438 of
(Rejected) the Code of Criminal Procedure in connection with Nandigram
Police Station Case No. 361 of 2017 dated 27.09.2017 under
Sections 363/366 IPC added with Sections 368/ 370/ 372/
373/ 379/ 376 IPC and Section 6 of the POCSO Act.
And
In the matter of: Asim Kumar Mallick @ Raju
....petitioner.
Mr. Amal Krishna Samanta
Mr. Arun Kumar Das
...for the petitioner.
Mr. Ranabir Roy Chowdhury
Mr. Mainak Gupta
...for the State.
1.Heard learned Counsel for the parties.
2. There being direct allegation of rape of the victim by the present petitioner in the statement of the victim recorded under Section 164 Cr.P.C, we are not inclined to exercise our discretion under Section 438 Cr.P.C. in favour of the petitioner at this stage, though charge-sheet is stated to be submitted in the meantime and specially, for the fact that the petitioner remained absconding for about six years.
3. Accordingly, the prayer for the anticipatory bail is rejected.
4. The application being CRM (A) 2353 of 2023 is dismissed.
(Chitta Ranjan Dash, J.) (Apurba Sinha Ray, J.) 2