Dismissed

Babai Biswas and Ors. v. State of West Bengal

Calcutta HC24 Sept 2021CRM/6211/2021

Case brief

AI extract

What is this about?

Four petitioners challenged their detention via bail application under Section 439 CrPC in an IPC Section 376(D) case. The court rejected claims of false implication, noting the victim's medical report and statements naming petitioners as perpetrators. Bail was disallowed in light of these materials.

What did the court decide?

Bail application dismissed; petitioners ordered to remain in custody.

Babai Biswas and Ors. Vs State of West Bengal — Bail and Remand | Calcutta HC (2021)

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24.09.2021 Serial no. 09 Dd

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(Through Video Conference)

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CRM 6211 of 2021

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In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 8^th September, 2021 in connection with Kotwali Police Station Case No . 329 of 2021 dated 04.04.2021 under Section 376(D) of the Indian Penal Code, charge sheeted under sections 376D/306 of the Indian Penal Code, being charge-Sheet No. 480 of 2021 dated 12/06/2021.

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-And-

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In the matter of : Babai Biswas & Ors. … …Petitioners

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Mr. Bikash Ranjan Bhattacharya, ld. sr. adv.

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Mr. Siddhartha Sankar Mandal, Advocates

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… … For the Petitioners

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Ms. Faria Hossain

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Ms. Baisali Basu, Advocates … …For the State

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Petitioners seek bail.

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Learned senior advocate appearing for the petitioners submits that the petitioners were falsely implicated. He submits that the police submitted charge sheet on June 12, 2021 and, therefore, further detention of the petitioners is not required.

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Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 161 and to the statement of the victim lady made before the Doctor who examined her, as also to the medical report. She submits that the petitioners ravished the victim lady. She came back and informed her husband and out of shame she put herself on fire.

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Learned senior advocate appearing for the petitioners submits that the victim lady went voluntarily with the

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petitioners. He submits that the husband of the victim lady did not protest.

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Considering the materials in the case diary, particularly, the statements of the victim lady made before the police and the statements recorded under Section 161 of the Criminal Procedure Code and the medical report including the writing in the medical report of the Doctor and since the victim lady named all the petitioners as the perpetrators of the crime, we are not inclined to grant bail to the petitioners.

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CRM 6211 of 2021 is dismissed .

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(Debangsu Basak, J.)

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(Ananda Kumar Mukherjee, J.)

Babai Biswas and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Babai Biswas and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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