Chan Ali v. State Of West Bengal

C.R.M. 6056 of 2021 (Via Video Conference) (AD) 08.12.2021 Court No.28 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Islampur P.S. Case No.379 of dated 20/06/2021 under Sections 328/376/384 of the Indian Penal Code and under Section 67A of Information & Technology Act, 2000.

And (Rejected) In the matter of: Chan Ali ....petitioner.

Ms. Minoti Gomes Ms. Priya Chakraborty ...for the petitioner.

Ms. Z.N. Khan Ms. Sreeparna Das ... for the State.

Mr. Sabyasachi Banerjee Ms. Diksha Ghosh ... for the de facto complainant.

Petitioner is in custody for 171 days. It is submitted on behalf of the petitioner that there is delay in lodging the First Information Report. Investigation is complete. Learned Advocate for the State opposes the prayer for bail. She submits that the petitioner had ravished the victim and thereafter threatened to upload the objectionable pictures until she pays Rs.5 lacs. Sum of Rs.2 lacs was paid. However, as the remainder was not paid, objectionable pictures were uploaded.

Learned Advocate for the de facto complainant also opposes the prayer for bail.

We have considered the materials on record including the statement of the victim lady. The allegations against the petitioner are very serious. He not only ravished the victim but also extorted money from her on the threat of uploading

objectionable pictures. Contemporaneous statement of the victim is corroborated by other materials on record. In view of the aforesaid facts and particularly the gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. 6056 of 2021 is, thus, dismissed.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)