Tarak Mandal v. State Of West Bengal

C.R.M. (DB) 622 of 2022 11.03.2022 Sl. 45 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.03.2022 in connection with Gazole P.S. Case No. 577 of 2019 dated 07.12.2019 under Section 448/376D/327/506/34 of the Indian Penal Code. And In the matter of: Tarak Mandal ....petitioner.

Ms. Minoti Gomes ...for the petitioner.

Mr. Saswata Gopal Mukherji Mr. Partha Pratim Das Mrs. Manasi Roy ...for the State.

Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 138 days. The police filed charge-sheet and, therefore, further detention of the petitioner is not required. The petitioner was falsely implicated in view of a fight taking place between the petitioner and the husband of the defacto complainant. She highlights the time lapse between the incident and the lodgment of the complaint.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code and to the Medical Examination Report of the victim.

Considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code and considering the Medical Examination Report of her which tends to corroborate her statement, we are unable to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. (DB) 622 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)