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Calcutta High CourtCRM (DB)/3615/2022rejected

Dipankar Das @ Dipankar Biswas v. State Of West Bengal

2022-10-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Ajay Kumar Gupta2 pages

18.10.2022.

74.

NB/S.Banerjee CRM (DB) 3615 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973.

In the matter of : Dipankar Das @ Dipankar Biswas @ Gullu. ... Petitioner.

Mr. Satarudriya Mukherjee, Mr. Mukundo Das, Mr. Debjit Kundu.

...for the Petitioner.

Mr. Md. Anwar Hossain, Mr. Nirupam Dhali.

.....for the State.

Petitioner prays for bail.

Learned counsel appearing for the petitioner submits that coaccused was enlarged on bail. He submits that the victim refused to undergo medical test.

Learned counsel appearing for the State draws the attention of the Court to the materials in the case diary including two statements recorded under Section 164 of the Code of Criminal Procedure.

The victim girl is fourteen years of age. In a statement recorded under Section 164 of the Code, she implicates the petitioner. There is another statement recorded under Section 164 of the Code corroborating the victim.

In view of the gravity of the offence and the involvement of the petitioner therein as found from the case diary, we are unable to grant bail to the petitioner.

The application for bail being CRM (DB) 3615 of 2022, is thus rejected.

(Debangsu Basak, J.) (Ajay Kumar Gupta, J.)