Kalipada Das v. State Of West Bengal

C.R.M. (A) 1316 of 2022 22.03.2022 Sl. 15 Court No.29 sourav (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 15.03.2022 in connection with Belda P. S. Case No. 333 of 2021 dated 25.09.2021 under Sections 341/323/307/354/506/34 of the Indian Penal Code.

And In the matter of: Kalipada Das ....petitioner.

Mr. Rana Mukherjee Mr. Pravas Bhattacharya ...for the petitioner.

Mr. Prasun Kumar Datta Mr. Subrata Roy ...for the State.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the co-accused was enlarged on bail by the jurisdictional court. The police filed charge-sheet and, therefore, further detention of the petitioner is not required.

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.

In the statement of the victim recorded under Section 164 of the Criminal Procedure Code, she implicates the petitioner squarely in the assault and in various other offences. Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the material in the case diary including the statement of the victim recorded under Section 164 of the Criminal Procedure Code, we are unable to grant anticipatory bail to the petitioner.

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

C.R.M. (A) 1316 of 2022 is, thus, dismissed.

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