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Calcutta High CourtCRM (DB)/1031/2022dismissed

Bikram Sarkar And ANR. v. State Of West Bengal

2022-04-20Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

20.04.2022 Serial no.72 [Dd] (Bail Rejected) CRM (DB) 1031 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 39 of 2021 dated 2.03.2021 under Sections 376(1)/109 of the Indian Penal Code.

-AndIn the matter of : Bikram Sarkar & Anr.

... ...Petitioners Ms. Minoti Gomes, Advocate ... ... For the Petitioners Mr. Tanmay Kr. Ghosh,ld. SGA Mr. Arindam Sen, Advocates ... ...For the State Petitioners seek bail.

Learned advocate appearing for the petitioners submits that the petitioners were in custody in excess of a year. The police filed charge sheet and, therefore, further detention of the petitioners is not required.

Learned advocate appearing for the State submits that the victim is mentally challenged lady. There are eye-witnesses of the incident. He submits that the next date is May 13, 2022 for the purpose of recording the evidence of the prosecution. Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we are not inclined to grant bail to the petitioners.

Prayer for bail of the petitioners is rejected. CRM (DB) 1031 of 2022 is dismissed.

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