Soumitra Mondal@ Bhola v. State Of West Bengal
04.12.2020 Court No.3 SL No.24 AP CRM 9832 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Haringhata P.S. Case No.241/2020 dated 18.09.2020 under Section 448/325/376/506 of the Indian Penal Code.
And In the matter of: Soumitra Mondal @ Bhola ....Petitioner.
Ms. Minoti Gomes, Mr. Partha Sarathi Das ...for the Petitioner.
Ms. Zareen N. Khan, Mr. M.F.A. Begg ...for the State.
It is submitted on behalf of the petitioner that he is in custody for about 74 days and there was a love affair between the petitioner and the deceased.
Learned lawyer for the State opposes the prayer for bail and submits that the petitioner not only raped the victim but also brutally assaulted her. As a result, she died.
We have considered the materials on record including the post mortem report. Allegation of physical assault is supported by injuries noted in the post mortem report. In view of the gravity of the offence and the prima facie involvement of the petitioner therein, we are not inclined to grant bail to the petitioner at this stage. The application for bail is, thus, rejected.
The parties shall act in terms of the copy of the order downloaded from the official website of this court.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)