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Calcutta High CourtCRM (DB)/4096/2023rejected

Dipayan Majumder v. State Of West Bengal And ANR

2023-10-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

18.10.2023.

42.

Ct.No.28 As (Rejected) C.R.M. (DB) 4096 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Amdanga P. S. Case No.382 of 2023 dated 11.06.2020 under Section 376 of the Indian Penal Code and Section 6 of the POCSO Act.

In the matter of : Dipayan Majumder.

... Petitioner.

Mr. Kamal Das, Ms. S. Singh, Mr. Sudipta Mondal.

...for the Petitioner.

Mr. Abhra Mukherjee, Mr. Gautam Banerjee.

...for the State.

1.

Petitioner submits he is in custody for 107 days. He contends he has been falsely implicated due to property dispute. He prays for bail.

2.

Learned Advocate for the State opposes the bail prayer.

3.

We have considered the materials on record.

Statement of the victim alleges she had been forcibly raped by the petitioner. Her statement is corroborated by medical evidence on record.

4.

Under such circumstances, we are of the opinion this is not a fit case to grant bail to the petitioner at this stage.

5.

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

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