Samit Barman And ANR v. State Of West Bengal And ANR

02.12.2021 Serial no.23 Aloke (Through Video Conference) Ct. No. 29 CRM 7877 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 18.11.2021 in connection with Patashpur Police Station Case No.132 of 2021 dated 28.02.2021 under Sections 341/323/354B/376/511/34 of the Indian Penal Code.

-AndIn the matter of : Samit Barman & Anr.

... ...Petitioners Mr. Anuran Samanta, Advocate ... ... For the Petitioners Ms. Zareen N. Khan, Advocate Mr. Ashok Das, Advocate ... ... For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. Subsequent to the lodgment of the complaint, the de facto complainant affirmed an affidavit stating that her complaint was without any basis.

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, 1973 of the de facto complainant implicating the petitioners.

In view of the statements recorded under Section 164 of the Code of Criminal Procedure of the de facto complainant, we are not inclined to grant anticipatory bail to the petitioners. The prayer for anticipatory bail is, thus, rejected. CRM 7877 of 2021 is disposed of.

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