Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Sayed Jamal Alam Meerza @ Gopal on 15 June, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1 15.6.2017 C.R.M. 3812 of 2017 issed 5 c In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 3rd May, 2017.
And In the matter of : Sayed Jamal Alam Meerza @ Gopal Petitioner Mr. Sabyasachi Banerjee Mr. Navonil De Ms. Ayantika Roy.
..... For the Petitioner.
Mr. Rudradipta Nandy
...... For the State
Apprehending arrest in course of investigation of Murshidabad Police Station FIR No. 564 dated 03.12.2016 under sections 366A/370/370A/372/120B/366B/368 of the Indian Penal Code, sections 3/4/5/6/7/9 of the Immoral Traffic (Prevention) Act and sections 4 and 17 of the Protection of Children from Sexual Offences Act, the petitioner has applied for anticipatory bail.
We have heard learned advocates for the parties and perused the materials in the case diary, more particularly the statement of the victim recorded under section 164 of the Code of Criminal Procedure at page 93 therein. We are also informed that police report under section 173(2) of the Code of Criminal Procedure (charge sheet) has been submitted before the relevant magistrate upon completion of investigation. The points which have been raised by Mr. Banerjee in support of the prayer for anticipatory bail may be relevant at the time the petitioner stands trial but not at the stage of consideration of a prayer for anticipatory bail.
Having regard to the extent of complicity of the petitioner as revealed from such case diary, we are of the considered opinion that the petitioner does not deserve any discretionary relief as prayed for in the application, notwithstanding filing of the chargesheet.
The application stands dismissed.
(Dipankar Datta, J.) (Debi Prosad Dey, J.) 2