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Calcutta High CourtCRM (DB)/1278/2022dismissed

Ummat Ali Mondal @ Ummat Mondal v. State Of West Bengal

2022-05-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

C.R.M. (DB) 1278 of 2022 17.05.2022 Sl. 70 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Gangnapur Police Station Case No. 14 of 2022 dated 14.01.2022 under Sections 341/323/376 of the Indian Penal Code.

And In the matter of: Ummat Ali Mondal @ Ummat Mondal ....petitioner.

Mr. Snehansu Majumder ...for the petitioner.

Mr. Imran Ali Mr. M. F. A. Begg ...for the State.

Report as called for be taken on record.

Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 116 days. The police filed chargesheet and, therefore, further detention of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code. Apart from the victim implicating the petitioner in the incident, she claims that the petitioner was involved in murdering her son who was mentally challenged.

A report was called for in view of such statement. In this report, the police states that there was a child who was mentally challenged and that there is a missing diary in respect of such child.

In view of the severity of the offence and the statement of the victim recorded under Section 164 of the Criminal Procedure Code implicating the petitioner, we are unable to grant bail to the

petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (DB) 1278 of 2022 is dismissed.

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