MANARANJAN MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 439 of the Code of Criminal Procedure filed by the petitioner who is accused in Ghoksadanga Police Station Case No. 187 of 2021 dtd. 6/6/2021 under Ss. 341/376/326/307/379/201 of the Indian Penal Code and is in custody for about 2 years 10 months.

(2.) It is the contention of the Petitioner that the de-facto complainant lodged a written complaint before the officer in charge of Ghoksadanga Police Station that on 5/6/2021 at about 5.30 P.M the de-facto complainant and his sister in law went to field to cut grass and the accused person forcefully committed Sexual assault upon the Victim woman and also assaulted her by a sharp weapon. It is further contended that the petitioner was neither present at the place of occurrence nor had any kind of knowledge or any manner of involvement about the alleged incident and has been falsely been implicated in the instant case. It is also contended that the examination of the victim girl is over and there is no chance to abscond if released on bail. Learned Advocate for the opposite party objects the grant of bail and submits that the examination of I.O. is to be done and the case will be fixed for Examination under Sec. 313 CrPC thereafter.

(3.) Upon perusing the materials in the case diary and the period of detention and upon hearing the Learned Advocates although it appears that the case is at the verge of disposal but it is necessary to decide as to whether the petitioner should be released on bail. In order to decide as to whether the Petitioner should be released on bail it is necessary to consider some Judicial Pronouncements.