Murtuj Alam @ Murtuj Ali @ Golam Murtuza v. State Of West Bengal And ANR

10.10.2023 C.R.M. (DB) No. 3730 of 2023 sdas In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 366 of 2023 dated 07.04.2023 under Sections 363/365 of the Indian Penal Code.

And In Re : Murtuj Alam @ Murtuj Ali @ Golam Murtuza ......petitioner Mr. Kaushik Choudhury Ms. Busra Khatun Mr. G. Das ...... for the petitioner Mr. Saswata Gopal Mukherji, learned PP Mr. Aniket Mitra Ms. Jonaki Saha ...... for the State

1. Learned Counsel for the petitioner submits he is in custody for 140 days. Investigation is complete. He prays for bail.

2. Learned Counsel for the State opposes the prayer for bail.

3. We have considered the materials on record including the statement of the minor. Her statement shows that the petitioner had kidnapped and raped her repeatedly. In view of the aforesaid incriminating materials and as vulnerable witness is yet to be examined we are not inclined to grant bail at this stage.

4. Application for bail is, thus, rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)