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Calcutta High CourtCRM (DB)/1999/2022rejected

Sujit Bauri v. State Of West Bengal

2022-06-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

24.06.2022 sdas rejected C.R.M. (DB) 1999 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dantan Police Station Case No. 454 of 2021 dated 13.11.2021 under Sections 498/363/376(2)(m)/307/201 of the Indian Penal Code. And In Re : Sujit Bauri ..... petitioner Mr. Amit Ranjan Roy ... for the petitioner Ms. Zareen N. Khan Md. Kutubuddin ... for the State Petitioner is in custody for 220 days. He renews his prayer for bail.

Learned Counsel appearing for the petitioner submits that the allegation of forcible rape is out and out false. Learned Counsel appearing for the State opposes the prayer for bail.

We have considered the materials on record. Victim was taken away by the petitioner on 06.11.2021. Subsequently she was admitted in the hospital on 12.11.2021 with injuries in her private parts. Petitioner was present at the time of admission and introduced himself as her husband. Thereafter he absconded from there.

In view of the aforesaid circumstances particularly the medical evidence relating to injuries in the private parts of the victim while she was in the custody of the petitioner, we are of

the opinion that there is sufficient corroboration with regard to the allegation of forcible rape. Hence, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected. Trial court is directed to expedite the trial and conclude the same at the earliest without granting any unnecessary adjournment to either of the parties.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)