Sk Alam v. State Of West Bengal

(AD) 01.12.2021 C.R.M. 5958 of 2021 (Via Video Conference) Court No.29 (Rejected) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 06/09/2021 in connection with English Bazar P.S. Case No. 685 of 2020 dated 16/08/2020 under Sections 448/376/195A/506 of the Indian Penal Code, 1860.

And In the matter of: - Sk Alam ...petitioner.

Mr. Salman Hasan ...for the petitioner.

Mr. Shiladitya Banerjee ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police compliant was lodged subsequent to an order passed under Section 156(3) of the Code of Criminal Procedure. He highlights the delay in filing the compliant. He submits that the petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure. He submits that there was a previous complaint against the petitioner and the petitioner was enlarged on bail in the previous complaint. Immediately thereafter, the police received the present complaint alleging that the petitioner committed the offences against the victim as noted in the complaint.

Considering the materials in the case diary, the gravity of

the offence and the complicity of the petitioner therein and considering the fact that there is another criminal complaint against the petitioner, we are unable to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

C.R.M. 5958 of 2021 is dismissed.

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