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Calcutta High CourtCRM (DB)/2597/2022rejected

Dulal Mondal v. State Of West Bengal

2022-08-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

04.08.2022 cm/ct 28 C.R.M. (DB) No. 2597 of 2022 sl. no. 18 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Sundarban Coastal P.S. Case No. 15 of 2022 dated 24.01.2022 under Sections 376(2)(n)/506 of the Indian Penal Code and charge sheet being No. 15/2022 dated 23.02.2022 has been submitted under Section 376(2)(n)/506 of the Indian Penal Code. Rejected And In Re : Dulal Mondal.

..... petitioner Mr. Sabir Ahmed Mr. Mujibar Ali Naskar Mr. Apan Saha Mr. Kalyan Chatterjee ...... for the petitioner Mr. Binay Panda Ms. Puspita Saha ...... for the State Petitioner is in custody for 185 days. It is submitted allegation of abduction and forcible rape are out and out false. Investigation is complete.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including statement of the victim lady which shows she was abducted and raped for three days.

In view of the aforesaid materials on record and as the vulnerable witness i.e. victim lady has not been examined as yet, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected at this stage.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)