Bimal Das @ Bimal Kumar Das v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 21.09.2021 Court No.01 rpan /28 C.R.M. 71 of 2021 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

and In Re : Bimal Das @ Bimal Kumar Das ....Petitioner.

Mr. Hillol Saha Podder ... for the petitioner.

Mr. Nilay Chakraborty, Mr. Biswarup Roy ... for the State.

Apprehending arrest in connection with Mathabhanga Police Station Case No.331 of 2020 dated 29.08.2020 under Section 10 of the Protection of Children from Sexual Offences Act, 2012, the petitioner has filed the present application. The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. No overt act has been attributed to the petitioner.

Upon completion of investigation, charge-sheet has also been submitted and as such, custodial interrogation of the petitioner is not warranted in the facts and circumstances case. He further submits that a coaccused person against whom overt acts were alleged, had been granted bail by the learned court below.

The Learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the statement of the victim girl, as recorded under Section 164 of the Code and the medical report.

Having heard the learned advocates and considering the materials in the case diary, including the statement of the victim girl, recorded under Section 164 of the Code, the gravity of the offence and the extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise any discretion in favour of the petitioner. As such, his prayer for bail is refused. Accordingly, the application for anticipatory bail, being CRM 71 of 2021, is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Abhijit Gangopadhyay, J.) (Tapabrata Chakraborty, J.)