Moyra Murmu v. State Of West Bengal

01.12.2020 SL No.4 pk CRM 9513 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gazole Police Station Case No. 232 of 2020 dated 04.06.2020 under Sections 376(D)/109 of the Indian Penal Code.

And In the matter of: Moyra Murmu ....Petitioner.

Mr. Kazi M Rahaman ...for the Petitioner.

Ms. Sukanya Bhattacharya, Md. Kutubuddin ...for the State.

The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking. Learned counsel appearing on behalf of the petitioner submits that the petitioner is no way connected with the present case. He is an innocent person. He has been falsely implicated in the present case. Charge sheet has already been submitted. Therefore, the petitioner should be released on bail as six months of custody already suffered by the petitioner.

Counsel for the State opposes the prayer for bail. She produces the case diary and draws the Court's attention to the statement recorded under Section 164 of the Code of Criminal Procedure.

Considering the materials against the petitioner available on record as well as the 164 statement, we are not inclined to grant bail to the petitioner.

The application for bail being CRM 9513 of 2020 is rejected at this stage.

All parties are to act on a website copy of this order on the usual undertaking.

(Samapti Chatterjee, J.) (Kausik Chanda, J.)