Calcutta High Court (Appellete Side)
Dipak Bairagi vs Unknown on 8 December, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
08.12.2022 Serial no.62 S.De CRM (A) 5732 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 937 of 2022 dated 24.09.2022 under Sections 447/325/376/511/427 of the Indian Penal Code.
-And-
In the matter of : Dipak Bairagi.
... ... Petitioner Mr. Amanul Islam, Advocate, Mr. Sourav Mukherjee, Advocate, ... ... For the Petitioner Mr. Binoy Panda, Advocate Ms. Puspita Saha, Advocate, ... ...For the State Petitioner prays for anticipatory bail. Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.
Learned advocate for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.
The victim claimed that she was assaulted. Moreover, there was an attempt to rape her.
The medical evidence corroborates the claim of assault. There is a human bite on the body of the victim.
In such circumstances, we are unable to grant anticipatory bail to the petitioner.
Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 5732 of 2022 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)