Amit Mandal v. State Of West Bengal

18.01.2021 Item No.200 Ct.No.28 s.d.

rejected C.R.M. 178 of 2021 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Amit Mandal ... Petitioner.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... For the Petitioner.

Mr. Rana Mukherjee, APP Mr. Santanu Chatterjee ... For the State. Apprehending arrest in connection with Manickchak Police Station Case No. 265 of 2020 dated 09-10-2020 under Sections 376/302/109 of the Indian Penal Code, the present application has been filed.

Learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated in the criminal proceedings. The FIR has been lodged 72 days after the alleged incident and the co-accused persons have already been granted anticipatory bail. In view thereof custodial detention of the petitioner is not necessary. Learned advocate for the State opposes the petitioner's prayer.

Having heard the learned advocates and considering the materials in the case diary, the post mortem report and the extent of complicity of the petitioner in the alleged offence, we are not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for bail is rejected. The application being CRM 178 of 2021 is, thus, disposed of.

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