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Calcutta High CourtCRM/7003/2021rejected

Dilip Brahma Alias Mona v. State Of West Bengal

2021-11-03Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Kesang Doma Bhutia2 pages

03.11.2021 CRM 7003 of 2021 Court No.8 Item No.27 (Rejected) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on 25.10.2021 in connection with Habra Police Station Case No. 907 of 2016 dated 03.11.2016 under Sections 376D/384 of the Indian Penal Code;

And In the matter of : Dilip Brahma @ Mona.

...Petitioner

Saswata/Ab Md. Abdulla Gazi.

...For the Petitioner Mr. Rana Mukherjee, Mr. Provas Bhattacharya.

... For the State The application for bail is made on the ground that the petitioner did not participate in the actual offence and was standing outside the door / gateway of the said premises where the incident occurred.

Counsel for the State submits that the offence committed was heinous and demonic and the victim was mercilessly tortured by the accused persons.

This Court is not inclined to detail the incident since it is already contained in the charge-sheet.

It is submitted by the State that a 14-year-old boy has identified the petitioner that he was in fact present at the scene of the crime.

In that view of the matter and the given the gravity of the offences and charges framed, the application for bail stands rejected. (Rajasekhar Mantha, J.) (Kesang Doma Bhutia, J.)