Biswajit Sardar @ Bapi v. State Of West Bengal

20.09.2021 tkm/ct 29 C.R.M. 6004 of 2021 sl no. 45 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Barrackpore Cyber Crime P.S Case no. 10 of 2021 dated 21.4.2021 under sections354/354A/506/120B of the IPC read with sections 8/12 of the POCSO Act with added sections 14/15 of the POCSO Act (Amendment Act) And In Re : Biswajit Sardar @ Bapi ...... petitioner Mr. Kajal Mukherjee Mr. M Kurmi ...... for the petitioner Mr. Bivas Chatterjee ...... for the State Petitioner seeks anticipatory bail.

Learned advocate for the petitioner submits that four other co-accused persons were granted bail. Police submitted charge sheet. Therefore, custodial interrogation of the petitioner is not necessary. The petitioner was falsely implicated in the instant case. Learned advocate for the State submits that the petitioner was absconding. He draws attention of this Court to the statement recorded under section 164 Cr.P.C of the victim girl. Considering the materials in the case diary and considering the statement recorded under section 164 Cr.P.C of the victim girl and the fact that the petitioner is yet to participate in the investigation, we are not inclined to grant anticipatory bail to the petitioner.

Accordingly, prayer for anticipatory bail is rejected. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)