Jydeb Datta v. State Of West Bengal

16.02.2023 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 676 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nabadwip Police Station Case No. 629 of 2022 dated 30.12.2022 under Sections 448/376D of the Indian Penal Code.

And In Re : Jaydeb Datta ...... petitioner Mr. Himangshu Dey, senior advocate Ms. Karabi Roy ....for the petitioner Mr. Soumik Ganguly ....for the State Petitioner prays for anticipatory bail.

Learned senior advocate appearing for the petitioner submits that, the petitioner was falsely implicated. There was a business relationship between the petitioner and the de-facto complainant.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.), her medical examination report and the 161 Cr.P.C. statement of the neighbours.

The 164 Cr.P.C. statement of the victim along with her medical examination report and the 161 Cr.P.C. statement implicates the petitioner in the incident.

Considering the gravity of the offence and the involvement of the petitioner in the incident, we are unable to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 676 of 2023 is dismissed.

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