Sujit Barui v. State Of West Bengal

24.03.2022 Serial no.60 Aloke Ct. No. 29 CRM (DB) 466 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 14.02.2022 in connection with Dantan P.S. Case No. 454 of 2021 dated 30.06.2021 under Sections 498/363/376(2)(m)/307/201 of the Indian Penal Code. -AndIn the matter of : Sujit Barui ... ...Petitioners Mr. Joy Chakraborty, Advocate ... ... For the Petitioners Ms. Z. N. Khan, Advocate Mr. Ashok Das, Advocate ... ... For the State Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 132 days. The police filed charge-sheet and, therefore, further detention of the petitioner is not required. He refers to the statement of the husband of the victim recorded under Section 161 of the Code of Criminal Procedure as also that of the victim recorded under Section 164 thereof.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. In her statement recorded under Section 164 of the Code of Criminal Procedure, the victim claims that she was ravished by the petitioner. The medical evidence corroborate such claim.

In such circumstances, we are unable to enlarge the petitioner on bail CRM (DB) 466 of 2022 is rejected (Debangsu Basak, J.) (Bibhas Ranjan De, J.)