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Pranab Halder vs Unknown on 23 July, 2021

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CRM 3125 of 2021

In Re: – An application for bail under Section 439 of the Code of Criminal


In the matter of: Pranab Halder
…….Appellant/Petitioner (in Jail.).

Mr. Shibaji Kumar Das …for the Petitioner.

Mr. Rana Mukherjee, A.P.P.

Ms. Sujata Das
Ms. Debjani Sahu
… for the State.

The petitioner has filed the instant application for bail in

connection with Haringhata Police Station Case No. 220 of 2020 dated

02.08.2020 under Sections 498A/323/376/120(B)/506 of the Indian Penal


Petitioner is said to be involved in a rape case. Victim is said to

have been sexually exploited by her husband, when the petitioner

ravished the victim more than once.

Learned Advocate for the petitioner submits that the petitioner

has been languishing in custody for nearly about 330 days and with the

submission of charge sheet, further detention of the petitioner is

unnecessary. It is further submitted that medical evidence is not

supportive of the victim’s contention, and further that the petitioner is

impotent as per opinion of the doctor holding medical examination of the



Learned Advocate for the State raises objection against prayer for

bail drawing our attention to the statement of the victim lady recorded

under Section 164 Cr.P.C., and the medical examination report of the

victim together with the medical examination report of the petitioner. In

the opinion of the doctor, the petitioner was found to be capable of

committing sexual intercourse and he was not found to be impotent.

Having considered the submissions of both sides and bearing in

mind the direct involvement of the petitioner, as disclosed in the

statement of the victim, we are of the considered view that this is not a fit

case, where the petitioner should be released on bail.

Accordingly prayer for bail is rejected. We direct the Trial Court

to schedule the case in such a way so that the victim could be examined

as a first witness, and after her evidence, the prayer for bail may be


Thus, the application being C.R.M. 3125 of 2021 stands disposed


(Subhasis Dasgupta, J.) (Shivakant Prasad, J.)

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