Bail application dismissed. Single Judge held that considering recorded statements under Section 164 CrPC and case diary materials, the gravity of the offence involving sexual assault and extortion precludes bail for the accused.
The prayer for bail of the petitioner is rejected and the Criminal Matter is dismissed.
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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI
16.02.2022 Sl. 02 Court No.29 suvayan (Rejected)
C.R.M. (DB) 48 of 2022 (Via Video Conference)
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.02.2022 in connection with Rajgang P.S. Case No. 525 of 2021 dated 24/11/2021 under Sections 448/376/506 of the Indian Penal Code. And In the matter of: Tulsi Chhetri ….petitioner. Ms. Madhushri Dutta …for the petitioner. Mr. Aditi Shankar Chakraborty Mr. Tapan Bhattacharjee …for the State. Petitioner seeks bail.
Learned Advocate appearing for the petitioner submits that there was love relationship between the petitioner and the victim and that such facts transpires from the contents of the First Information Report itself. She submits that the First Information Report was lodged after about seven months of the alleged incident.
Learned Advocate appearing for State draws the attention of the Court to the statements of the victim recorded under Section 164 of the Criminal Procedure Code and the contents in the case diary.
Considering the statements recorded under Section 164 of the Criminal Procedure Code of the victim and considering the materials in the case diary, the gravity of the offence and the involvement of the petitioner therein, we are unable to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (DB) 48 of 2022 is dismissed.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2
2 issues framed by the court
Whether bail should be granted to the petitioner in a case involving Sections 448, 376, and 506 of the Indian Penal Code.
Whether the delay in lodging the First Information Report and the nature of the offence justify denying bail.
3 provisions across 2 enactments
Tulsi Chhetri
State
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
