Manik Biswas v. State Of West Bengal

14.09.2020 Ct. No. 08 SK/AGM CRM 6424 of 2020 CRAN 1 of 2020 (Via Video Conference) In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Manik Biswas ..... Petitioner Mr. Amanul Islam .... for the Petitioner Mr. Sudip Ghosh, Mr. Apurba Kr. Dutta ...for the State. The petitioner undertakes to affirm and 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.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is absolutely innocent. He has been falsely implicated due to previous grudge.

Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He submits that a mentally and physically challenged girl was violated by the petitioner. He refers to the statements recorded under Section 164 of the victim girl as well as the mother as also the statement recorded under Section 161 of a neighbour.

Considering the nature of allegations and the materials available against the petitioner, we are not inclined to grant anticipatory bail to the petitioner.

Accordingly, the application for anticipatory bail is rejected. CRM 6424 of 2020 and CRAN 1 of 2020 are disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Soumen Sen, J.) (Jay Sengupta, J.)