The Division Bench rejected the bail application of Tarak Mandal in a case involving offenses under S. 448/376D/327/506/34 IPC. The court denied bail due to the gravity of offenses and the victim's specific naming of the petitioner in her Section 164 CrPC statement.
Prayer for bail rejected; Application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
25.04.2022
Serial no.57 [Dd] ( Bail Rejected)
CRM (DB) 1065 of 2022
In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Gazole Police Station Case No. 577 of 2019 dated 07.12.2019 under Sections 448/376D/327/506/34 of the Indian Penal Code. Subsequently Charge sheet being no. 1045/2021 dated 3.11.2021 under Section 448/376D/327/506/34 of the Indian Penal Code (G.R. NO. 5663/2019 )
-And-
In the matter of : Tarak Mandal @ Tarak Nath Mandal … …Petitioner
Mr. Kausik Biswas, Advocate … … For the Petitioner
Mr. Sudip Ghosh,
Mr. Apurba Kr. Datta, Advocates
… …For the State
Petitioner seeks bail.
Learned advocate appearing for the petitioner submits that the petitioner is in custody for 182 days.
Learned advocate appearing for the State submits that the victim names the petitioner specifically in her statement recorded under Section 164 of the Criminal Procedure Code.
Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary and considering the fact that victim names the petitioner in her statement recorded under Section 164 of the Criminal Procedure Code, we are not inclined to grant bail to the petitioner.
Prayer for bail of the petitioner is rejected .
2
CRM (DB) 1065 of 2022 is dismissed .
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether bail is maintainable in a rape and cheating case where the victim has specifically named the petitioner in her statement under Section 164 CrPC.
Whether the gravity of the offence and involvement of the petitioner dictate denial of bail under Section 439 CrPC.
3 provisions across 2 enactments
Tarak Mandal @ Tarak Nath Mandal
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
