Dip Bhuniya v. State Of West Bengal

15.12.2020 Sl. No.46 akd [Rejected] C. R. M. 9983 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 28.11.2020 in connection with Amta Police Station Case No. 331 of 2020 dated 14.11.2020 under Section 376D of the Indian Penal Code.

And In Re: Dip Bhuniya ... ... Petitioner Mr. Firdous Samim .. Advocate Ms. Gopa Biswas .. Advocate ... ... for the petitioner Ms. Zareen N. Khan .. Advocate Ms. Sreeparna Das .. Advocate ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 32 days. It is further submitted that the instant case is a counter-blast to an earlier case lodged against the husband of the victim lady.

Learned advocate appearing for the State opposes the prayer for bail and submits that the petitioner and co-accused persons forcibly ravished the victim lady taking advantage of the absence of her husband who had been arrested in connection with another case. Statement of the victim lady prima facie implicate the petitioner in the alleged crime. Medical reports also support the allegations made by her. Earlier criminal case against the husband of the victim lady was lodged by one Lakhhi Khara. Petitioner is in no way connected with the said Lakhhi Khara and there is little possibility of the petitioner being falsely implicated over such issue. Under such circumstances, we are not inclined in granting bail to the petitioner. The application for bail is thus rejected.

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)