Md Zamir v. State Of West Bengal

16-09-2021 (ct. no.32) KOLE CRM 4411 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Entally Police Station Case No. 213 of 2021 dated 09.06.2021 under Sections 354/354A/354B/376/511/354C of the Indian Penal Code.

- A n d - In the matter of : Md. Zamir .... Petitioner.

Mr. A. Karmakar, Mr. D. Banerjee, Mr. O. Ghosh, ... For the Petitioner.

Mr. R. R. Choudhury, Mr. R. Nandi, ... For the State.

The victim alleges that her brother-in-law (husband's brother) attempted to rape her, touched her inappropriately and caused injury to her in the process.

The petitioner says that these are false allegations and he has been falsely implicated in this case.

We have seen the material in the case diary including the statement of the victim lady recorded under Section 164 of the Code. It is a detailed statement and vividly describes the inappropriate and heinous acts of the petitioner. The medical report corroborates the statement of the victim. Considering the nature and gravity of the offence and the prima facie incriminating material against the petitioner, although charge sheet has been submitted, we are not inclined to allow the petitioner's prayer for bail at this stage.

Accordingly, the application for bail being CRM 4411 of 2021 is dismissed.

( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )