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2013 DIGILAW 527 (CAL)

Saheb Bairagya @ Bairagi v. STATE OF WEST BENGAL

2013-07-31

ASIM KUMAR RAY, JAYANTA KUMAR BISWAS

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Judgment :- Jayanta Kumar Biswas, J. The petitioner accused of offences under ss.376/511/325 IPC and in custody from June 5, 2013 is seeking bail under s.439 CrPC. We have heard advocates for the petitioner and the state, and have perused the case diary materials. The s.164 statement of the victim girl (20 and married) and the injury report at p.34 fully support the prosecution case. Advocate for the petitioner has invited us to see the statement of the husband of the de facto complainant. He is unable to say what is the source of his information that the statement of the husband of the de facto complainant does not support the prosecution case. He has also invited us to consider the defence case that since the husband of the de facto complainant found the petitioner and the de facto complainant in an objectionable condition, the woman instituted the case. We do not find any reason to make any comment. The investigation is in progress. In our opinion, it will not be in the interest of justice to grant the petitioner bail at this stage. For these reasons, we dismiss the CRM.