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Calcutta High CourtCRM (DB)/3139/2023rejected

Saiful Sk v. State Of West Bengal

2023-08-09Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

09.08.2023 sdas rejected C.R.M.(DB) No. 3139 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Thanarpara Police Station Case No. 101 of 2023 dated 22.05.2023 under Section 376 of the Indian Penal Code.

And In Re : Saiful Sk. .... petitioner Mr. Atis Kumar Biswas Mrs. Jyoti Agarwal ....for the petitioner Mr. Tanmoy Kumar Ghosh Ms. Sonali Bhar ...... for the State Learned Counsel for the petitioner submits he is in custody for 79 days. It is also submitted that he has been falsely implicated. He prays for bail.

Learned Counsel for the State opposes the bail prayer. We have considered the materials on record. Statement of the victim shows that petitioner had trespassed into the house and forcibly raped her. Her statement is corroborated by other witnesses. Under such circumstances, we do not consider it prudent to release the petitioner on bail at this stage. The application for bail is, thus, rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)