Bappa Ray v. State Of West Bengal

CRM (DB)/ 4651 of 2022 29.12.2022 In re: An application for bail under Section 439 of the Code of (AD 6) Criminal Procedure in connection with Amta Police Station Case No. 206 of 2020 dated 16.07.2020 under Section(s) 376(3) of the Indian Penal Code (corresponding to Special Case No. 35 of 2020).

(S. Banerjee/ GSD) And In the matter of: Bappa Ray ...petitioner Ms. Riya Das ... for the petitioner Mr. Bidyut Kumar Roy Ms. Debjani Dasgupta ... for the State Ms. Riya Das, Learned Counsel, appearing for the accused petitioner submits before us, inter alia, that the accused petitioner is absolutely innocent and has been falsely arrayed with the alleged offence. She further submits that the accused petitioner is in custody since for a considerable period and in the meantime investigation process has been ended by submitting charge-sheet by the prosecuting agency.

Learned Counsel appearing for the State submits that there are sufficient incriminating materials gathered by the Investigating Agency against the accused and the offence involved in this case is serious in nature.

We have considered the submissions advanced by both the parties. We have also considered the materials available in this case record. In view of the heinousness of the offence and the diabolical manner by which the alleged offence was committed, we are not inclined to enlarge the accused on bail.

Therefore, the application for bail is rejected.

Accordingly, CRM(DB) 4651 of 2022 is disposed of.

(Abhijit Gangopadhyay, J.) (Prasenjit Biswas, J.)