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Calcutta High CourtCRM (DB)/4849/2023rejected

Krishna Mandi v. The State Of West Bengal And ANR.

2024-01-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

24.01.2024.

24.

Ct.No.28 as (Rejected) C.R.M. (DB) 4849 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Garhbeta P.S. Case No.298 of 2020 dated 19.08.2020 under Sections 376D/417 of the Indian Penal Code.

In the matter of : Krishna Mandi.

... Petitioner.

Ms. Minoti Gomes.

...for the Petitioner.

Mr. Arijit Ganguly, Ms. Rita Datta.

...for the State.

1.

Petitioner is in custody for more than three years. He contends there is slow progress in trial. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer and submits report. From the report, it appears charge has been framed on 04.01.2024.

3.

We have considered the materials on record.

Allegations involve gang rape of the victim. Victim is yet to be examined.

4.

Under such circumstances and in view of gravity of offence, we are not inclined to grant bail to the petitioner at this stage.

5.

Accordingly, the prayer for bail of petitioner is rejected.

6.

We request the trial court to examine the victim at the earliest.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)