Dipankar Das v. State Of West Bengal

01.02.2023 Serial no. 35 [Dd] (Anticipatory bail) (Rejected) CRM (A) 415 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 311 of 2022 dated 23.12.2022 under Sections 448/354B of the Indian Penal Code.

-AndIn the matter of : Dipankar Das ... ...Petitioner Mr. Sourav Mukherjee , Advocate ... ... For the Petitioner Mr. B. K. Roy, Ms. Kum Kum Mitra, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. Petitioner complied with the notices under Section 41A of the Criminal Procedure Code. Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code as well as the statement recorded under Section 161 of the Criminal Procedure Code.

The victim in her statement recorded under Section 164 of the Criminal Procedure Code implicates the petitioner. Her version of the incident stands corroborated by a neighbour recording a statement under Section 161 of the Criminal Procedure Code.

In such circumstances, considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected. CRM (A) 415 of 2023 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)