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Calcutta High CourtCRM (DB)/3106/2022rejected

Tarak Mandal @ Taraknath Mandal v. State Of West Bengal

2022-09-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

14.09.2022.

20.

Ct.No.28 as (Rejected) C.R.M. (DB) 3106 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gazol P.S. Case No.577 of dated 07.12.2019 under Sections 448/376D/323/506/34 of the Indian Penal Code. In the matter of : Tarak Mandal @ Taraknath Mandal. ... Petitioner.

Ms. Pompey Bose, Mr. Sauradeep Dutta.

...for the Petitioner.

Mr. Saswata Gopal Mukherjee, ld. P.P., Ms. Faria Hossain, Mr. Anand Keshari.

...for the State.

Petitioner renews his prayer for bail. It is contended petitioner is in custody for 325 days. The case has not yet been committed to the court of sessions.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the victim girl. In her statement, victim has specifically named the petitioner. Co-accuseds have not been named by the victim and do not stand on the same footing with the petitioner.

In view of the aforesaid incriminating material against the petitioner and gravity of offence, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

Trial court is requested to commit the case to the court of sessions at the earliest.

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