Araf@Arap Sk v. State Of West Bengal And ANR

19.03.2024.

32.

Ct.No.28 as (Rejected) C.R.A. (DB) 342 of 2023 In Re:- An appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed on 13.10.2023 in connection with Canning P.S. Case No.667 of 2016 dated 08.10.2016 under Sections 449/376D of the Indian Penal Code and Section 3(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. In the matter of : Araf @ Arap Sk. & Anr.

... Appellants.

Md. Shamimuddin, Ms. Oindrila Ghosh.

...for the Appellants.

Mr. Prasun Kr. Datta.

...for the State.

1.

Appellants are in custody for more than seven years. Accordingly, they pray for bail.

2.

Learned Advocate for the State opposes the bail prayer. He submits report.

3.

We have considered the materials on record. Report shows examination of prosecution witnesses are complete. Offence involves gang rape of a woman belonging to Scheduled Caste community. Offences, if proved, would attract rigorous imprisonment for 20 years. Trial is at an advanced stage and would conclude shortly.

4.

Under such circumstances and in view of gravity of the offence, we are not inclined to grant bail to the petitioners. 5.

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

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 21 st of March 2024 05:05:21 PM