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Calcutta High CourtCRM (DB)/3108/2022rejected

Esmail Sk v. State Of West Bengal

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

14.09.2022.

22.

Ct.No.28 as (Rejected) C.R.M. (DB) 3108 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Nabadwip P.S. Case No.241 of 2016 dated 22.06.2016 under Sections 363/365/366/376D/328/379/120B/34 of the Indian Penal Code.

In the matter of : Esmail Sk.

... Petitioner.

Mrs. Karabi Roy.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Ms. Ayantika Roy.

...for the State.

Petitioner is in custody for 79 days. He prays for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the victim lady. She states petitioner and coaccuseds had abducted and trafficked her outside the State. Subsequently, she was also raped.

In view of gravity of the offence and prima facie involvement of the petitioner in the crime, we are not inclined to grant bail to the petitioner.

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

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