Ajay Manna v. State Of West Bengal And ANR

06.05.2024 sdas rejected C.R.M.(DB) No. 1244 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Pathar Pratima Police Station Case No. 306 of 2023 dated 07.08.2023 under Sections 363/365/34 of the Indian Penal Code.

And In Re : Ajay Manna .... Petitioner Mr. Gobinda Chandra Baidya ....for the petitioner Mr. Saryati Datta Ms. Madhumita Basak ... for the State Mr. Partha Sarathi Mondal .... for the victim 1.

Learned Counsel for the petitioner submits there was a romantic relationship between him and the victim girl. He has been falsely implicated. Accordingly, he prays for bail. 2.

Learned Counsel for the victim opposes the bail prayer.

3.

Learned Counsel for the State also opposes the bail prayer.

4.

We have considered the materials on record. We have also examined the statement of the victim. She stated that she had been tricked to go to a spot where she was detained and forcibly married to the petitioner. Victim is a minor and she is yet to be examined. Under such circumstances, we are not inclined to grant bail to the petitioner.

5. Application for bail is, thus, rejected. Signed By :

SHANTANU DAS High Court of Calcutta 7 th of May 2024 05:46:44 PM

6.

Trial court is requested to consider the issue of framing of charge at the earliest. Upon charge being framed to examine the victim first the exercise shall be undertaken within three months from the next date fixed for recording evidence without granting unnecessary adjournment to either of the parties.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SHANTANU DAS High Court of Calcutta 7 th of May 2024 05:46:44 PM