Prasanta Murmu v. The State Of West Bengal And ANR
22-07-2024 (ct. no.28) S. De (Rejected) CRM (DB) 2156 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure - A n d - In the matter of : Prasanta Murmu.
.... Petitioner.
Mr. Shibaji Kumar Das, ... For the Petitioner.
Mr. Joydeep Biswas, Ms. Chandreyi Dutta, ...for the State.
Mr. Samrat Chowdhury, ...for the opposite party no.2.
Order dictated by Partha Sarathi Sen, J.
It is submitted on behalf of the petitioner that both the petitioner and the victim girl were in a love relationship and out of misconception, a criminal case has been lodged. While opposing the prayer for bail, learned advocate for the State draws our attention to the statement of the victim as recorded under Section 164 Cr.P.C. wherein we found some incriminating material as against the present accused petitioner. Considering the nature of the offence and also keeping in mind that vulnerable witnesses are yet to be examined, we are not inclined to exercise our discretion under Section 439 Cr.P.C. Accordingly, the prayer for bail is considered and rejected. CRM (DB) 2156 of 2024 is dismissed.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Partha Sarathi Sen, J.) (Arijit Banerjee, J.) Signed By :
SANDIP DE High Court of Calcutta 23 rd of July 2024 11:51:03 AM