Bikram Bala v. State Of West Bengal And ANR

05-03-2025 (ct. no. 29) KOLE CRM (DB) 366 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Gazole Police Station Case No. 53 of 2024 dated 21.01.2024 under Sections 342/354B/386/509/506/34 of the IPC and Sections 12/14/15 of the POCSO Act.

- A n d - In the matter of : Bikram Bala .... Petitioner.

Mr. Kalidas Saha, Ms. Khusi Mollick, ... For the Petitioner.

Mr. Ashok Das, ... for the State.

Mr. Sourat Nandy, .... For the defacto complainant.

Dictated by Arijit Banerjee, J:- 1.

The petitioner renews his prayer for bail which was rejected on merits by a Coordinate Bench in CRM (DB) 1456 of 2024 by an order dated May 7, 2024. He says that he has been falsely implicated. He is in custody for more than one year one month. Only 2 prosecution witnesses have been examined out of 18 charge sheet named witnesses. He should be enlarged on bail. 2.

Learned Advocates for the State and the defacto complainant oppose the bail prayer.

3.

We have seen the material in the case diary including the statements of the two victims recorded under Section 164 of the Code of Criminal Procedure. There is prima facie material showing that the accused persons including the petitioner used the minor victims for pornographic purpose.

4.

In view of the seriousness of the charge and seeing that the trial is in progress and also noting that the prosecution says that it proposes to examine only 14 out of 18 charge sheet named witnesses, two of whom have already been examined, we are not inclined to enlarge the petitioner on bail, at this stage. 5.

CRM (DB) 366 of 2025 is, thus, dismissed.

6.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Prasenjit Biswas, J. ) ( Arijit Banerjee, J. )