Bappa Biswas And ANR. v. State Of West Bengal

13.10.2022 Vacation Bench SL No.69 S.B/s.biswas C.R.M. (DB) 3603 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali P.S. Case No. 171/2022 dated 01.03.2022 under Section 376D of the Indian Penal Code.

And In the matter of: Bappa Biswas and another ....Petitioners Mr. Asraf Mandal ...for the Petitioners Mr. Saswata Gopal Mukherjee, ld. PP ...for the State It is submitted on behalf of the petitioners that their names are not appearing from the statements of the victim recorded under Section 164 of the Code of Criminal Procedure. They pray for bail.

Learned counsel for the State opposes the prayer for bail of the petitioners.

We have considered the materials on record. Statement of the victim recorded under Section 164 of the Code of Criminal Procedure cannot be seen in isolation. Reading the statement along with other materials on record including First Information Report show involvement of the petitioners in the crime. Under such circumstances, we are not inclined to grant bail to the petitioners.

(Supratim Bhattacharya, J.) (Joymalya Bagchi, J.)