Atanu Roy Bhowmick v. State Of West Bengal

18.04.2022 Serial no.63 [Dd] (Bail Rejected) CRM (DB) 992 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bidhannagr Women Police Station Case No. 28 of 2021 dated 02.11.2021 under Sections 376(2)(f)(i)(n) of the Indian Penal Code and Section 06 of the protection of Children from Sexual Offences Act, 2012. -AndIn the matter of : Atanu Roy Bhowmick ... ...Petitioner Mr. Angshuman Chkraborty, Mr. S. S. Saha, Advocates ... ... For the Petitioner Ms. Anusuya Sinha, Mr. Pinak Kr. Mitra, Advocates ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that the evidence of the de facto complainant as also the victim is over. He refers to the evidence and submits that the petitioner cannot be said to be implicated in the offences alleged. He submits that the petitioner and the de facto complainant were in a live in relationship. There was demand for money made by the de facto complainant which the petitioner could not meet and, therefore, the false police case was lodged against the petitioner.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. The trial is in progress. Evidence of the prosecution as on date is yet to be over. As a Court considering a petition for bail we are not called upon to evaluate the

evidence and return a conclusive finding on the issues raised.

In such circumstances, we are of the view that there is hardly any material change in circumstances subsequent to the earlier order of rejection warranting grant of bail to the petitioner.

Consequently, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (DB) 992 of 2022 is dismissed.

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