Dinesh Biswas v. State Of West Bengal

(AD) 30.11.2021 C.R.M. 7326 of 2021 (Via Video Conference) Court No.29 (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 10/11/2021 in connection with Taherpur P.S. Case No.178 of 2020 dated 14/10/2020 under Sections 376(3)/506 of the Indian Penal Code, 1860 and Section 6 of Protection of Children from Sexual Offences Act, 2012.

And In the matter of: Dinesh Biswas ....petitioner.

Mr. Sananda Bhattacharyya ...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Aniket Mitra ... for the State.

Petitioner renews the prayer for bail.

Learned Advocate appearing for the petitioner submits that two First Information Reports were lodged in respect of the same incident. One being the present police case while the other being Taherpur Police Station Case No.177 of 2020 dated October 14, 2020 and the petitioner was falsely implicated. Learned Advocate appearing for the State draws the attention of the Court to the contents in the case diary including the statement recorded under Section 164 of the Code of Criminal Procedure of the victim and the medical report of the victim.

Considering the statement recorded under Section 164 of the Code of Criminal Procedure of the victim and her medical report and considering the materials in the case diary and

considering the gravity of the offence and the complicity of the petitioner therein and considering the fact that there is hardly any change in circumstances subsequent to the earlier order of rejection, we are unable to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. 7326 of 2021 is dismissed.

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