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[Cites 3, Cited by 0]

Calcutta High Court (Appellete Side)

Arka Das vs Unknown on 23 August, 2023

23.08.2023                          C.R.M. (A) 3157 of 2023
  ML. 352
Court No. 29   In Re: - An application for anticipatory bail under Section 438 of
  Suvayan      the Code of Criminal Procedure filed in connection with Bagdah
 (Rejected)    Police Station Case No. 485 of 2023 dated 15.07.2023 under
               Sections 354C/376 of the IPC.
                                               And
               In the matter of: Arka Das
                                                                    ....petitioner.
                   Mr. Shibaji Kumar Das
                   Ms. Rupsa Sreemani
                                                              ...for the petitioner.
                   Mr. Abhra Mukherjee
                   Mr. Dipankar Mahata
                                                                  ...for the State.

               1.

Heard learned Counsel for both the parties.

2. Considered the materials placed before us including the FIR lodged by the victim informant and her statement recorded under Section 164 Cr.P.C.

3. Learned Counsel for the petitioner is very much insistent on his submission that both the petitioner and victim had relationship and the petitioner had taken some private photographs of the victim. It is further submitted by him that in spite of such previous conduct of the petitioner, the petitioner alone having been invited to the birthday of the victim alone, the allegation per se is false and motivated especially when the petitioner is a football player and the victim is a referee.

4. We do not find any substance in such submission inasmuch as there is nothing on record to show that the previous relationship of the petitioner and the victim was sex based or romantic relationship. There is also no allegation to the effect that any obscene photograph of the victim was taken by the petitioner. Allegation is to the effect that some private photographs of the victim was taken. In spite of such fact, 2 the victim might have invited the petitioner alone to her house on her birthday because of the fact that she had some faith on him (petitioner).

5. We do not find any oblique motive on the part of the victim to falsely implicate the petitioner. In view of the gravity of the offence and seriousness of the charge, we are not inclined to exercise our discretion in favour of the petitioner under Section 438 Cr.P.C.

6. Accordingly, the prayer for the anticipatory bail is rejected.

5. The application being CRM (A) 3157 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.) 3