Nripen Biswas v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 9.9.2020 ks/sk Item no.6 Rejected C.R.M. No.6334 of 2020 Nripen Biswas -vsThe State of West Bengal with CRAN/1/ 2020 In Re: An application for bail under Section 439 CrPC in connection with Gaighata P.S. Case No.445 of 2020 dated 09.08.2020 under sections 417/376 of the IPC.

Mr. Abdur Rakib ...for the petitioner.

Mr. Binoy Panda, Ms. Puspita Saha ... for the State.

The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking. The learned Advocate for the petitioner submits that the petitioner has been falsely implicated in this case by the complainant. He further adds that in view of the fact that both the parties are adult, further detention of the petitioner is unwarranted. The learned Advocate appearing for the State opposes the prayer for bail and draws the attention of this court to the statement under Section 164 of the Cr.P.C. of the victim. He further submits that investigation of the case is still in progress. We have considered the materials on record including the statement of the victim and considering the stage of the investigation of the case, we are of the opinion that the petitioner is not entitled to be released on bail at this stage.

Accordingly, the prayer for bail of the petitioner is rejected. CRM No.6334 of 2020 and CRAN/1/ 2020 are disposed of. [ Tirthankar Ghosh, J] [Samapti Chatterjee, J]