Shyam Mandal v. The State Of West Bengal

03.09.2024 Item no. 5.

Court No.28.

AB (Rejected) CRM (DB) 2285 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ghatal Police Station Case No.113 of 2024 Dated 31.3.2024 under Sections 498A/304B/34 of the Indian Penal Code And In the matter of : Shyam Mandal ......Petitioner.

Mr. Prolay Bhattacharya Ms. Tanusree Ghosh ......for the Petitioner.

Mr. Binay Kumar Panda Mr. Saptarshi Chakraborty......for the State. Dictated by Arijit Banerjee, J.

1.

The petitioner says that he is in custody for five months. He is innocent. He has been falsely implicated. Investigation is complete. Charge sheet has been submitted. His further custodial detention is not necessary.

2.

Opposing the prayer for bail, learned State Counsel draws our attention to the statements of witnesses recorded under Section 164 Cr.P.C. including the statements of the parents of the victim girl. The statements clearly implicate the petitioner. Prima facie, there appears to be sufficient material against the petitioner.

Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 4 th of September 2024 02:14:16 PM

3.

On an overall assessment of the material on record and considering that charge is yet to be framed, we are not inclined to allow the petitioner's prayer for bail, at this stage.

4.

The prayer for bail is, accordingly, rejected. 5.

CRM (DB) 2285 of 2024 is dismissed.

6.

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