Sankar Prasad @ Sankar Singh v. State Of West Bengal

28.11.2023 tkm/ct 28 C.R.M. (DB) 4441 of 2023 sl no.66 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Bally PS case no. 56 of 2023 dated 24.5.2023 under sections 363/366A/376/506/120B IPC And In Re : Sankar Prasad @ Sankar Singh ........ petitioner Mr. S Pachhal ...... for the petitioner Mr. Avishek Sinha ...... for the State

1. Petitioner submits co-accused is on bail. He is in custody for 185 days. He prays for bail.

2. Learned lawyer for the State opposes the bail prayer. He contends petitioner committed rape on the victim girl.

3. We have considered the materials on record. Petitioner and co-accused Giriraj committed rape on the victim girl. He does not stand on the same footing with the co-accused who have been enlarged on bail. Keeping in mind the role of the petitioner in the crime and the gravity of offence , we are not inclined to grant bail to the petitioner.

4. Accordingly, prayer for bail is rejected.

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