Madhav Agarwal and Ors. v. State of West Bengal
Case brief
What is this about?
Single Bench granted bail to petitioners charged with rape under Section 376D IPC is hereby rejected. Conditions imposed on the respondent in the connected C.R.R. matter continue, and the case is adjourned.
What did the court decide?
Prayer for bail of the petitioners is rejected.
What the court decided
07.06.2023. 17 & 18. Ct.No.28 as (Rejected)
C.R.M. (DB) 1388 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Rajarhat P. S. Case No.341 of 2022 dated 11.11.2022 under Section 376D of the Indian Penal Code.
In the matter of : Madhav Agarwal & Ors.
… Petitioners. With C.R.R.2050 of 2023 In Re: Courts on its own motion: Mr. Amales Ray, Ms. Mousumi Bhowal, Mr. Rajes Sharma. …for the Petitioners. Mr. Saswata Gopal Mukherji, ld. P.P., Mr. Neguive Ahmed, ld. A.P.P., Ms. Amita Gaur. ...for the State. Ms. Jhuma Sen, Mr. Soumya De, Mr. Dinesh Viswakarma, Mr. Masum Ali Sardar. …for the de-facto complainant. Mr. Milon Mukherjee, ld. Sr. Adv., Mr. Rahul Ganguly. …for the Vishal Periwal (CRR 2050/2023).
In Re: CRM (DB) 1388 of 2023.
Heard the learned Advocates for the parties.
We have considered the materials on record. Allegations are grave and involve gang rape of the victim. Examination of the victim is in progress. As the examination of the vulnerable witness has not been completed as yet, we are not inclined to grant bail to the petitioners at this stage.
2
Issues for consideration
3 issues framed by the court
Whether bail should be granted to petitioners in a rape case where examination of the vulnerable witness is in progress.
Whether conditions imposed on the respondent regarding bail need modification.
Whether the investigating officer must be present at the adjourned date.
Parties & counsel
- petitioner
Madhav Agarwal & Ors.
- respondent
State
- other
Vishal Periwal
Coram
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · June
- Registered
- Case no.
- CRM (DB)/1388/2023
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