Tanmoy Pal v. State Of West Bengal And ANR

17.01.2024 sdas rejected C.R.M.(DB) No. 138 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Pandua Police Station Case No. 291 of 2023 dated 03.06.2023 under Section 376 of the Indian Penal Code.

And In Re : Tanmoy Pal .... Petitioner Ms. Payel Shome ....for the petitioner Mr. Prasun Kumar Dutta, learned APP Mr. M. F. Ahmed Begg ...... for the State

1. Learned Counsel for the petitioner submits he has been falsely implicated in the instant case. He is in custody for 227 days. He prays for bail.

2. Learned Counsel for the State opposes the bail prayer.

3. We have considered the materials on record. Victim suffers from slight mental impairment. Her statement implicates the petitioner in the crime. Vulnerable witness is yet to be examined. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

4. The application for bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)