Calcutta High CourtCRM (DB)/2054/2024rejected

Sudipta Barui v. The State Of West Bengal And ANR.

2024-07-15Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

15.07.2024 Item no.26.

Court No.28.

S. De (Rejected) CRM (DB) No. 2054 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure.

And In the matter of : Sudipta Barui.

......Petitioner.

Mr. Soubhik Mitter, Mr. Liton Maitra, Ms. Rajnandini Das, Mr. Syed Murshid Alam, ......for the Petitioner.

Mr. Joydeep Biswas, Mr. Ronit Mukherjee, ...for the State.

Mr. M. Kabir, ...for the opposite party no.2/de facto complainant.

Order dictated in open Court by Apurba Sinha Ray, J. Report filed by the State be kept with the records. Learned counsel for the petitioner submits that he has been falsely implicated in this case. There was a love relationship between the victim and the petitioner. However, that relation has come to an end. The petitioner is now ready to marry the victim. Considering the period of detention, he may be enlarged on bail on any condition. Learned counsel has also pointed out that the provisions of Information Technology Act do not apply since no mobile phone was seized from the custody of Signed By :

SANDIP DE High Court of Calcutta 18 th of July 2024 01:38:53 PM

the petitioner or there is no material showing that he circulated the relevant videos.

Learned counsel appearing for the de facto complainant has raised objection.

Learned counsel for the State has submitted that there are sufficient incriminating materials against the present petitioner. Charge-sheet has been submitted on March 31, 2024 and charge is going to be considered by the learned Trial Court on July 19, 2024. He opposes the prayer for bail. We have gone through the statements recorded under Section 164 Cr.P.C. There are sufficient incriminating materials against the present petitiner.

Considering all the aspects, we are not inclined to allow the petitioner for bail at this stage.

CRM (DB) 2054 of 2024 is dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)