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Calcutta High CourtCRM/1805/2021rejected

Biswarup Giri Alias Bisu v. State Of West Bengal

2021-08-12Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

12-08-2021 (ct. no.32) KOLE Rejected (Via Video Conference) CRM 1805 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Mandarmoni Coastal Police Station Case No. 47 of 2019 dated 02.11.2019 under Sections 366A/368/370/372/373/120B/34 of the Indian Penal Code and Sections 3/4/5/6/7 and 9 of the Immoral Traffic Act (Prevention) Act.

- A n d - In the matter of : Biswarup Giri .... Petitioner.

Mr. Tapan Kumar Gupta, Mr. Pervej Anam, Mr. Keshab Chandra Das ... For the Petitioner.

Mr. Ranabir Ray Chowdhury, Mr. Mainak Gupta, ... For the State.

This is the third application of the petitioner praying for bail. He says that he has been in custody for 519 days. The charge is under various provisions of the Indian Penal Code and The Immoral Traffic (Prevention) Act, 1956. We have seen the material in the case diary including the statement of the victim recorded under Section 164 of the Code. The earlier orders of rejection discuss the prima facie complicity of the petitioner in the alleged offence. On an overall assessment of the material on record and given the nature and gravity of the alleged offence as also in view of the earlier rejections of the petitioner's prayer, we are not inclined to allow this application for bail at this stage.

Accordingly, the prayer for bail is rejected. CRM No. 1805 of 2021 is accordingly dismissed. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )