Rajesh Mondal v. State Of West Bengal

21. 09 . 2020 CRM 6934 of 2020 With CRAN 1 of 2020 (Via Video Conference) In re: An application for bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Indas Police Station Case No. 95 of 2020 dated 23.06.2020 under Sections 376(2)(a) (i )of the Indian Penal Code.

BP/BR Sl.53 In the matter of : Rajesh Mondal...petitioner Mr. Soumik Ganguly ..for the petitioner.

Mr. Imran Ali Ms. Manasi Roy ..for the State.

Learned advocate for the petitioner submits that the petitioner and the complainant are known to each other. Learned advocate for the petitioner further submits that antecedents of the complainant speaks volume and the fact remains that the present petitioner is employed in the police department and as such the petitioner has been victimised and falsely implicated in the instant case.

Learned advocate for the State opposes the prayer for anticipatory bail and draws the attention to the statement of the victim under Section 164 of the

Cr.P.C. as well as other statements.

We have perused the materials on record which includes the complaint, the statement of the victim under Section 164 of the Cr.P.C. as well as the statement of the witnesses, on appreciation of the same, we are of the opinion that the custodial detention of the petitioner is required for the sake of the investigation of the case.

Accordingly, the prayer for anticipatory bail is rejected.

The application for anticipatory bail being C.R.M. 6934 of 2020 and C.R.A.N. 1 of 2020 are disposed of.

(Samapti Chatterjee, J. ) (Tirthankar Ghosh, J.)