Bijali Kumar Biswas v. State Of West Bengal

37.

31.08.2021 Ct.32 Tanmoy Rejected C.R.M. 3142 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 06/04/2021 arising out of Bhimpur Police Station Case No.

217/2020 dated 18/09/2020 under Sections 376/120B of the Indian Penal Code.

And In the matter of: - Bijali Kumar Biswas ....petitioner.

Mr. Snehansu Majumder ...for the petitioner.

Ms. Sukanya Bhattacharyya, Md. Kutubuddin ...for the State.

The petitioner is the stepfather of the victim. The petitioner says that he has been falsely implicated. The victim/complainant demanded money and ornaments from him. Upon his refusal to accede to such demand, this false complaint has been lodged.

We have seen the material in the Case Diary including the statements of witnesses and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. We notice that on December 10, 2020, a co-ordinate Bench of this Court rejected the petitioner's prayer for bail in C.R.M. 10150 of 2020. Since then there being no significant change of circumstances and also on an overall consideration of the material on record, we are of the view that this is not a fit case where the petitioner's prayer for bail should be allowed at this stage.

Accordingly, the application for bail being C.R.M. 3142 of 2021 is dismissed.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)