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Calcutta High CourtCRM (DB)/1313/2023rejected

Gobindo Das @ Biswas @ Gobinda v. State Of West Bengal

2023-04-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

03.04.2023 sdas rejected C.R.M. (DB) No. 1313 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Ranaghat Women Police Station Case No. 157 of 2022 dated 22.12.2022 under Sections 376/506 of the Indian Penal Code.

And In Re : Gobindo Das alias Biswas alias Gobinda ..... petitioner Mr. Angshuman Chakraborty Mr. S. S. Saha ... for the petitioner Mr. Shiladitya Banerjee ... for the State Learned Counsel for the petitioner submits he is in custody for 92 days. Investigation is complete. It is also alleged that there is contradiction between the statements of the victim recorded under Sections 161 and 164 of the Code of Criminal Procedure respectively. He prays for bail.

Learned Counsel for the State opposes the prayer for bail.

We have considered the materials on record.

Statements of the victim recorded during investigation under Sections 161 and 164 of the Code of Criminal Procedure respectively substantially corroborate each other with regard to the complicity of the petitioner. Minor contradiction with regard to presence of the sister of the victim at the place of occurrence would not erode the credibility of the version of a victim of

gender violence. Under such circumstances we are not inclined to grant bail to the petitioner at this stage. The application for bail is, thus, rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)