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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
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
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.)