Raj Das @ Sankar Das v. State Of West Bengal And ANR

05.03.2025 Item no.20.

Court No.29.

S. De CRM (DB) No. 137 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : Raj Das @ Sankar Das.

......Petitioner.

Mr. Amit Roy, ...for the petitioner.

Mr. Soumajit Chatterjee, ...for the de facto complainant. Ms. Manisha Sharma, Mr. S. Nandy, ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that he is in custody for about 7 months. He is about 22 years old. The victim was about 17 years of age at the time of the incident. There was an affair between the two of them. The victim voluntarily travelled with him first by a night bus to Farakka and then to Delhi by train. Witness action has not yet started. He prays for bail.

2. Learned State counsel and learned counsel for the de facto complainant oppose the bail prayer.

3. We have seen the materials in the case diary including the statement of the victim girl recorded under Section 164 Cr.P.C. (Section 183 of B.N.N.S.) She does implicate the petitioner. It, prima facie, appears that the petitioner concealed from the victim girl that he is a married person having children. Being induced by the petitioner, the minor girl agreed to go with him.

4. In view of the prima facie incriminating material and since the victim girl (vulnerable witness) is yet to be examined before the

learned Trial Court, we are not inclined to allow the application for bail, at this stage.

5. CRM (DB) 137 of 2025 is dismissed.

(Prasenjit Biswas, J.) (Arijit Banerjee, J.)