Bappa Sarkar @ Biswajit Sarkar v. The State Of West Bengal

22.03.2021 TN Calcutta High Court In The Circuit Bench at Jalpaiguri CRM 348 of 2021 In Re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed on 12.03.2021 in connection with Dhupguri Police Station Case No.422 of 2020 dated 03.11.2020 under Sections 376DA/354/384/509/34 of the Indian Penal Code, 1860 corresponding to G.R. Case No.4827 of 2020. And In Re: Bappa Sarkar @ Biswajit Sarkar ... petitioner.

Mr. Jaydeep Kanta Bhowmik ... for the petitioner.

Mr. Aditi Shankar Chakraborty, Mr. Aniruddha Biswas ... for the State.

It has been submitted by learned counsel for the petitioner that the allegation against the petitioner has not been corroborated by the medical report. He also cites long detention of the petitioner in custody as a ground for granting bail.

After considering the statement recorded under Section 164 of the Code of Criminal Procedure of the victim girl, we are of the opinion that the petitioner should not be granted bail at this stage. Accordingly, the prayer for bail, bearing CRM 348 of 2021, is rejected.

(Sabyasachi Bhattacharyya, J.) (Kausik Chanda, J.)