Saheb Ghosh v. State Of West Bengal

19.04.2022 Sl. 62 Court No.29 suvayan (rejected) C.R.M. (DB) 1003 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.04.2022 in connection with Krishnanagar Women P.S.

case No.

42/2021 dated 29/07/2021 SC 434(12)/2021 GR/2639/21 under Section 376 of the Indian Penal Code.

And In the matter of: Saheb Ghosh ....petitioner.

Mr. Rajib Kumar Kundu ...for the petitioner.

Mr. S. S. Imam Mr. S. Kundu ...for the State.

Petitioner renews the prayer for bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. He submits that the petitioner and the victim are in a relationship. In support of such contention, he relies upon a document annexed to the petition came to be written both by the petitioner and the victim. He submits that the petitioner and the victim were living as husband and wife at a rented accommodation at Howrah.

On a query from the Court with regard to the rent receipt for such accommodation, the answer is in the negative. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the victim recorded under Section 164 of the Criminal Procedure Code.

The victim implicates the petitioner in the offences alleged against him in her statement recorded under Section 164 of the Criminal Procedure Code.

Moreover, there is hardly any material change in circumstances subsequent to the earlier order of rejection dated

February 2, 2022.

Considering the gravity of the offence and the involvement of the petitioner therein, we are unable to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (DB) 1003 of 2022 is dismissed.

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