Calcutta High Court (Appellete Side)
Chitra Roy @ Bristi vs Unknown on 16 May, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1 16.05.2017
Item No.666 (rejected) SB C.R.M. 3609 of 2017 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 26.04.2017. In the matter of : Chitra Roy @ Bristi .... petitioner.
Mr. Uday Sankar Chattopadhyay, Mr. Santanu Maji, Mr. Raju Ganguli ...for the petitioner.
Mr. Sourav Chatterjee, Ms. Sayanti Santra ...for the State.
Apprehending arrest in course of investigation of Frezerganj Coastal P.S. F.I.R. No. 02/2015 dated 23.01.2015 under Sections 363/366A/372 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012, the petitioner has applied for anticipatory bail.
It is submitted by Mr. Chattopadhyay, learned advocate appearing for the petitioner that she has been falsely implicated. It is also submitted that upon completion of investigation, police report under Section 173(2) of the Code of Criminal Procedure (charge-sheet) has already been filed before the relevant magistrate.
2Having heard learned advocates for the parties and on perusal of the materials in the case diary, more particularly the medical report as well as the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, we are of the considered opinion that complicity of the petitioner cannot be ruled out and that she is not entitled to any direction on this application.
The application for anticipatory bail is, thus, rejected.
(Dipankar Datta, J.) (Debi Prosad Dey, J.)