Asraful Mia Alias Madan And ANR v. State Of West Bengal

C.R.M. (DB) 1286 of 2022 17.05.2022 Sl. 77 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Gangarampur Police Station Case No. 372 of 2021 dated 17.09.2021 under Section 376D of the Indian Penal Code, 1860.

And In the matter of: Asraful Mia @ Madan & Anr.

....petitioners.

Mr. Jayanta Narayan Chatterjee Mr. Supreem Naskar ...for the petitioners.

Ms. Faria Hossain Mr. Anand Keshari ...for the State.

Petitioners pray for bail.

Learned advocate appearing for the petitioners submits that the petitioners are in custody for 240 days. The police filed charge-sheet and, therefore, further detention of the petitioners are not required. The petitioners are falsely implicated. One of the co-accused is already on bail. 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.

In her statement, the victim squarely implicates both the petitioners in the incident.

Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary including the statement of the victim recorded under Section 164 of the Criminal Procedure Code, we are unable to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners is rejected. C.R.M. (DB) 1286 of 2022 is dismissed.

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