Sk. Sahidul @ Sk Saidul @ Sk Rakibuddin v. The State Of West Bengal And ANR

309.

25.02.2025 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 352 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Jangipara Police Station Case No.86/2024 dated 15.02.2024 under Sections 376(2)(f) of the IPC, 1860 and Section 6(1) of the POCSO Act. And In the matter of: - Sk. Sahidul @ Sk. Saidul @ Sk. Rakibuddin. .....petitioner.

Mr. Dipanjan Chatterjee, Mr. Asit Nayek, Ms. Kakan Das, Ms. Rimpa Adhikari, Ms. Namrata Hatui ...for the petitioner.

Mr. Arijit Ganguly, Mr. Subhasish Datta ....for the State.

Dictated by Apurba Sinha Ray, J.

1. The petitioner is in custody for 1 (one) year and 9 (months). According to learned counsel for the petitioner, the petitioner has been falsely implicated due to property dispute. However, since vulnerable witness has already been examined and the deposition of the victim girl says that she was tutored during recording of her statement under Section 164 Cr.P.C., the petitioner may be enlarged on bail on any condition.

2. The learned counsel for the State vehemently opposes the prayer for bail. Learned counsel draws our attention to the medical

report as well as the deposition of the victim girl wherein she has squarely implicated the present petitioner.

3. Trial is in progress.

4. We have considered the materials on record including the medical report of the victim girl and further the deposition of the victim girl. There are sufficient incriminating materials against the present petitioner. As such, we are not inclined to grant bail to petitioner.

5. The prayer for bail is, thus, rejected.

6. CRM (DB) 352 of 2025 is disposed of.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)