- (1.) Heard the learned Advocates appearing for the parties.
(2.) This is an application under Section 439 of the Code of Criminal Procedure which has been referred to this Bench by the Hon'bie the Chief Justice by order dated 18th June, 2007 in view of conflicts of opinion of the Hon'bie members of the Division Bench (Coram : Amit Talukdar and Arun Kumar Bhattacharya, JJ.) while considering the application under Section 439 of the Code of Criminal Procedure filed prior to the statutory period of 90 days was over in terms of Section 167(2) of the Code of Criminal Procedure, a time limit for filing the charge-sheet. From the First Information Report lodged by the complainant to the concerned Officer-in-Charge of the Police Station, it appears that the allegation was made by the complainant, a poor lady, that the accused on the assurance to marry her cohabited and as a resultant effect she became pregnant, but ultimately the accused refused to marry her. It was further alleged that the accused was pressurising her to cause abortion by medicine. On the basis of the said First Information Report, Mayureshwar Police Station Case No. 39/07 dated 6th April, 200,7 under Section 493/376 of the Indian Penal Code was instituted against the accused who is the applicant of the said application praying for bail.
(3.) Amit Talukdar, J. while hearing the matter sitting in the Division Bench on the basis of the reasons as stated thereto refused to grant bail. The reasons as assigned by His Lordship are as follows : "1. It appears from the case diary that the petitioner taking the advantage of the plight of the victim girl, who is a widow, cohabited with her and as a result of which she conceived. 2. There was a promise of marriage from which subsequently the petitioner backtracked. 3. The petitioner although is in custody for 58 days and charge-sheet has not been submitted I am of the considered view that in the event the petitioner is released on bail, keeping in mind the allegations in the case diary, it would send a wrong signal down.";