Balai Debnath @ Balaram Debnath@ Devnath v. State Of West Bengal

25.04.2022 Ct. No. 29 KAUSHIK REJECTED C.R.M.(A) 1851 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Balurghat Police Station Case No. 616 of 2021 dated 30.10.2021 under Sections 363/365 of the Indian Penal Code. And In Re : Balai Debnath @ Balaram Debnath @ Devnath ...... petitioner Mr. Kaushik Chaudhury Ms. Busra Khatoon ....for the petitioner Mr. Gautam Banerjee ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.).

Considering the materials in the case diary and considering the fact that the 164 Cr.P.C. statement implicates the petitioner and considering the gravity of the offence and the

involvement of the petitioner therein, we are unable to enlarge the petitioner on anticipatory bail.

Accordingly, prayer for anticipatory bail of the petitioner is rejected and the application being CRM (A) 1851 of 2022 is dismissed.

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