Tapas Kumar Mandal And ANR. v. State Of West Bengal

27.04.2022 Serial no.54 [Dd] (Bail Rejected) CRM (DB) 1093 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar Women Police Station Case No. 152 of 2017 dated 24.07.2017 under Sections 370/376D of the Indian Penal Code and Sections 6 and 14 of the Protection of Children From Sexual Offence Act, 2012. -AndIn the matter of : Tapas Kumar Mandal & Anr. ... ...Petitioners Mr. Sabir Ahmed, Md. Kutubuddin, Advocates ... ... For the Petitioners Mr. Rudradipta Nandy, Advocate ... ...For the State Petitioners seek bail.

Learned advocate appearing for the petitioners draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code. He contends that there are several contradictions in the lengthy statement. According to him, the victim used to administer drugs on herself and, therefore, the injuries as borne out from the injury report of the victim. Learned advocate appearing for the State submits that the trial is in progress. Three prosecution witnesses were examined. He refers to the statement of the victim recorded under Section 164 of the Criminal Procedure Code and the injury report of the victim. The victim was ravished. The victim was administered drugs.

Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from

the materials in the case dairy and considering the fact that trial is in progress, we are not inclined to grant bail to the petitioners.

Prayer for bail of the petitioners is rejected. CRM (DB) 1093 of 2022 is dismissed.

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