Suman Biswas@Biplab Biswas v. State Of West Bengal

CRM No.214 of 2021 19.01.21 (S.R.) Sl.205 Ct.28 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Gazole Police Station Case No.398 of 2020 dated 31.08.2020 under Sections 379/411/413/414 of the Indian Penal Code;

And In re: Suman Biswas @ Biplab Biswas ... petitioner.

Mr. Mrityunjay Chatterjee Mr. Susnigdho Bhattacharyya Mr. Bikram Mondal ... for the petitioner.

Mr. Swapan Banerjee Ms. Purnima Ghosh ...for the State.

Mr. Chatterjee, learned advocate for the petitioner submits that the petitioner is a day labourer and he has been falsely implicated in the instant case on the basis of the statement of the accused persons. The learned advocate also submits that the petitioner undertakes to abide by any condition imposed by this Court.

Mr. Banerjee, learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that the case relates to racket of motorcycle theft being committed in the area and he has been named initially at the time of registration of the FIR. Having considered the fact that the investigation of the case is still in progress and the materials are surfacing against the petitioner, we are of the opinion that the custodial interrogation of the petitioner may be required for the sake of investigation of the case. As such, prayer for anticipatory bail being CRM No.214 of 2021 is rejected.

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