Balai Das And ORS v. The State Of West Bengal

17.12.2021.

as (Rejected) C.R.M. 6581 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nandigram P. S. Case No.233 of 2021 dated 18.05.2021 under Sections 363/366 of the Indian Penal Code. In the matter of : Sri Balai Das & Ors.

... Petitioners.

Mr. Sanjib Bandyopadhyay.

...for the Petitioners.

Mr. Saswata Gopal Mukherjee, ld.P.P., Mr. Aniket Mitra.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioners that the victim girl has been recovered.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail and disputes such fact. We have considered the materials on record including statements of witnesses which show that the victim has not yet been recovered.

Under such circumstances, we are of the opinion that custodial interrogation of the petitioners is necessary for recovery of the victim and this is not a fit case to grant anticipatory bail to the petitioners.

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

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)