Dinesh Biswas And ANR v. State Of West Bengal

12.01.2021 Court No.28 rpan / 06 C.R.M. 105 of 2021 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Taherpur P.S. Case No. 178 of 2020 dated 14.10.2020 under sections 376(3)/506 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

And In Re : Dinesh Biswas & Another ......Petitioners.

Ms. Sananda Bhattacharyya, Mr. Partha Sarathi Das ....For the Petitioners.

Mr. Tapandeb Nandy, Mr. Antarikhya Basu ....For the State.

Learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated in the present criminal proceedings and that the petitioner no.1 is in custody for 61 days and the petitioner no.2 is in custody for 59 days. Learned advocate appearing for the State submits that there are sufficient materials on record exhibiting the nexus of the petitioners with the alleged offences and opposes the prayer for bail.

Having heard the learned advocates for the respective parties and upon considering the materials in the case diary and the extent of complicity of the petitioner no.1, this Court is not inclined to grant bail to the said petitioner, viz., Dinesh Biswas. However, this Court is of the opinion that further detention of the petitioner no.2 is not necessary and we are inclined to grant bail to her.

Accordingly, we direct that the petitioner no.2, viz., Lipika Biswas @ Sarkar, be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia and on further condition that she shall appear before the learned trial court once in a month, until further orders.

The application for bail, being CRM No.105 of 2021, is disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)