Biplab Biswas v. State Of West Bengal

CRM (DB) 270 of 2022 (Via Video Conference) 03.02.2022 (sourav) Court No.29 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.01.2022 in connection with Santipur Police Station Case No. 1022 of 2021 dated 03.12.2021 under Sections 448/376/323/406/506 of the Indian Penal Code.

And (Rejected) In the matter of: Biplab Biswas.

....petitioners.

Ms. Sananda Bhattacharyya ...for the petitioners.

Mr. Debabrata Chatterjee, Ld. APP Ms. Manisha Sharma ... for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. She contends that there is a dichotomy between the statements made under Section 156(3) of the Criminal Procedure Code and the statement recorded under Section 164 of the Criminal Procedure Code. There is an unexplained delay in filing the First Information Report.

Learned Advocate appearing for the State draws the attention of the Court to the contents in the case diary including the statement recorded under Section 164 of the Criminal Procedure Code.

Considering the gravity of the offence and the involvement of the petitioner as prima facie appearing therein, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. (DB) 270 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)