Sunil Biswas v. State Of West Bengal

11.12.2020.

as (Rejected) C.R.M. 10239 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kalighat P.S. Case No.94 of 2020 dated 07.07.2020 under Sections 177/181/328/420/466/467/468/471/474/120B of the Indian Penal Code.

In the matter of : Sunil Biswas.

... Petitioner.

Mr. Sandip Das.

...for the Petitioner.

Mr. Sudip Ghosh, Mr. Apurba Kr. Datta.

.....for the State.

Mr. Sourav Chatterjee, Mr. Soumya Nag.

...for the de-facto complainant.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that he is not the principal accused and is a Government servant. Learned Advocate appearing for the State opposes the prayer for anticipatory bail and submits that the petitioner claiming to be the brother of the principal accused had forged decree of divorce and induced the de-facto complainant to marry the principal accused.

Statements of witnesses as well as the documents seized in the course of investigation disclose a deep rooted conspiracy between the petitioner and the de-facto complainant in cheating the number of persons including the petitioner and inducing them to marry the principal accused one after

another. Custodial interrogation of the petitioner is necessary to unravel the nature and extent of fraud and this is not a fit case to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)