Rup Chand Mondal v. State Of West Bengal

31.12.2020 mb/pg.

Rejected CRM 11300 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali P.S. Case No.620 of 2020 dated 13.11.2020 under Sections 363/365/506/34 of the Indian Penal Code.

And In the matter of: Rup Chand Mondal .... Petitioner Mr. Prabir Majumder ... For the Petitioner Mr. Swapan Banerjee Ms. Purnima Ghosh ... For the State The petitioner submits that he is not involved in the commission of alleged crime in connection with Hanskhali Police Station Case No.620 of 2020. It is further submitted on behalf of the petitioner that there was love affair between the petitioner and the daughter of the complainant.

Learned counsel appearing for the State opposes the prayer for bail and produces the case diary before us. Our attention is drawn to the statement of the victim under Section 164 of CrPC. It also appears from the particulars of this bail application that the age of the victim girl is 14 years and the age of the accused is 21 years. Considering the materials available on record and the statement made under Section 164 of the Code of Criminal Procedure, we are not inclined to grant bail to the petitioner at this stage, taking note of the nature and gravity of the offence.

Accordingly, the application for bail under Section 439 of the Code of Criminal Procedure, being CRM 11300 of 2020, is rejected. Urgent photostat certified copy of this order, if applied for, be made available to the petitioner upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.) (Saugata Bhattacharyya, J.)