Bappa Saha v. State Of West Bengal And ANR

08.01.2024 sdas rejected C.R.M.(DB) No. 4816 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 992 of 2023 dated 20.07.2023 under Sections 341/376D/379/506/34 of the Indian Penal Code. And In Re : Bappa Saha .... Petitioner Mr. Tapodip Gupta ....for the petitioner Mr. Sudip Ghosh Mr. Asraf Mandal ...... for the State Mr. Soumen Chatterjee Mr. H. Rahaman Mrs. Karabi Ray Ms. Tithi Paul Mr. Bijay Sarkar Ms. Sanchayita Ray Ms. Sumana Mukherjee Ms. Manju Mandal ..... for the de facto complainant

1. Learned Counsel for the petitioner submits allegation of gang rape is not supported by medical evidence. He prays for bail.

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

3. Learned Counsel for the de facto complainant also opposes the prayer for bail.

4. We have considered the materials on record. Statement of victim recorded under Section 164 of the Code of Criminal

Procedure implicates the petitioner in the alleged crime. Absence of injuries per se is not a ground to improbabilise her statement. In view of gravity of the offence and materials on record, we are not inclined to grant bail to the petitioner at this stage.

5. The application for bail is, thus, rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)