Gokul Das @ Biplab v. State Of West Bengal And ANR

C.R.M. (DB) 2317 of 2023 27.06.2023 Sl. 35 Court No. 29 Sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Malda Police Station Case No. 159 of 2023 dated 25.03.2023 under Sections 376(3) IPC. And In the matter of: Gokul Das @ Biplab ....petitioner.

Mr. Arup Kumar Bhowmick ...for the petitioner.

Mr. Dhananjay Banerjee ... for the defacto complainant.

Mr. Anwar Hossain Ms. Sreyashee Biswas ...for the State.

1. Heard learned Counsel for the parties.

2. Perused the report submitted by I.C. Malda P.S., Dist- Malda pursuant to our order dated 21.06.2023. The same be taken on record.

3. it is found from the report that the petitioner is already married and the victim girl who is alleged to have been impregnated by the present petitioner is carrying for five months.

4. In view of such fact and especially the conduct of the petitioner, we are not inclined to exercise our discretion in favour of the petitioner under Section 439 Cr.P.C. at this stage.

5. Accordingly, the prayer for bail is rejected.

6. The application being CRM (DB) 2317 of 2023 is dismissed. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)