Calcutta High Court (Appellete Side)
CRM/1177/2021 on 24 March, 2021
Author: Harish Tandon
Bench: Harish Tandon
24.03.2021 p.b.
S.L. No.100 CRM 1177 of 2021 In re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Pursurah Police Station Case No.177 of 2000 dated 28.10.2020 under Sections 376(2)(n)/354(C)/384/506/ 509/34 of the Indian Penal Code. In re: Sk. Imran .......Petitioner Mr. Uday Sankar Chattopadhyay, Mr. Santanu Maji, Ms. Snigdha Saha.
......for the petitioner.
Ms. Zareen Khan, Ms. Sreeparna Das.
.......for the State.
The petitioner has been apprehended in connection with the aforesaid case and is languishing in jail for 131 days. The petitioner was apprehended on the basis of a complaint which culminated into FIR filed by the defacto complainant alleging repeated rape outraging of the modesty as well as extortion by blackmailing her. It is not only the social problem but the mortality has been settled when an allegation from a close relation is made against a person.
The victim happened to be the wife of the elder cousin brother and the access of the petitioner cannot be denied as the society permits the relations to interact with each other to make it more healthy and orderly. Such incident is reported. It has the impact on the 2 security, as the privacy is the mortality of the lady which cannot be undermined.
We have perused the statement of the victim lady narrating the incident vividly which does not warrant any immunity granted to the petitioner.
The application for bail is rejected.
(Harish Tandon, J.) (Tirthankar Ghosh, J.)