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Calcutta High Court · body

2025 DAILYLAW 15802 (CAL)

XXX v. STATE OF WEST BENGAL AND ANR

CRM (A)/994/2025 · 2025-03-24

Debangsu Basak, Smita Das De

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.03.2025 20 Ct. No. 26 S.D. REJECTED C.R.M.(A) 994 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnagar Women Police Station Case No. 18 of 2025 dated 17.02.2025 under Sections 85/79/64/76/109/316(2)/13(5) of the B.N.S., 2023. And In Re : XXX ...… petitioner Ms. Karabi Roy …for the petitioner Mr. Sandip Chakraborty Mr. Sobhan Gani …. For the State Mr. Avilash Tripathi …For the defacto complainant Petitioner prays for anticipatory bail. Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. There was a previous police complaint lodged by the mother-in-law of the defacto complainant against the defacto- complainant. Present police case is registered on the basis of the complaint lodged by the defacto complainant where she alleged mental and physical torture, demand for dowry and rape. The allegation of rape as against the petitioner before us. Neighbours implicate the petitioner before us in torturing the defacto complainant. In fact, the version of the defacto complainant, her sister in whom she initially confided about the incident of rape, as also some of the neighbours whose 2 statements are on record, corroborate each other so far at least mental and physical torture are concerned. Apparently, the defacto complainant used to be locked inside a room by the in- laws including the petitioner. Defacto complainant implicates the petitioner before us in raping her by misutilizing the situation of she being locked into the room. Considering the gravity of the offence and the involvement of the petitioner in the incident, we are not inclined to grant anticipatory bail to the petitioner and the prayer for anticipatory bail to the petitioner is rejected. Accordingly, C.R.M. (A) 994 of 2025 is dismissed. (Debangsu Basak, J.) (Smita Das De, J.)