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Calcutta High CourtCRM/8320/2021rejected

Laxman Tudu @ Lakshman Tudu v. State Of West Bengal

2021-12-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak1 pages

21.12.2021 cm/ct 28 C.R.M. 8320 of 2021 sl no. 123 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chanchal P.S Case No. 664 of 2021 dated 14.08.2021 under Sections 376(D)/323/324/354/509/34 of the Indian Penal Code & read with section 67 of Information Technology Act. And Rejected In Re : Laxman Tudu @ Lakshman Tudu ..... petitioner Mr. Debayan Ghosh ...... for the petitioner Mr. Binay Panda Ms. Puspita Saha ...... for the State It is submitted on behalf of the petitioner that he had not raped the victim.

Learned lawyer for the State opposes the prayer for bail and submits that the victim was dragged by the petitioner and others and some of them committed rape.

We have considered the materials on record. Petitioner was one of the members of the group which dragged the victim to a room and thereafter she was ravished. In view of the active participation of the petitioner in the aforesaid crime, we are of the opinion this is not a fit case to grant bail to the petitioner at this stage.

The application for bail is, thus, rejected.

(Bivas Pattanayak, J.) (Joymalya Bagchi, J.)