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Calcutta High CourtCRM (DB)/427/2025rejected

Guruprasad Maity @ Tapan v. State Of West Bengal And ANR

2025-03-10Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Prasenjit Biswas2 pages

10-03-2025 (ct. no. 29) KOLE CRM (DB) 427 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 Egra Police Station Case No. 517 of 2024 dated 07.08.2024 under Sections 65(2) of the BNS and Sections 6(1) of the POCSO Act. - A n d - In the matter of : Guruprasad Maity @ Tapan .... Petitioner.

Mr. Aniket Mitra, Mr. S. Ali, ... For the Petitioner.

Mr. Soumik Ganguly, Ms. C. Dutta, ... for the State.

Mr. Debarshi Brahma, Mr. Subarna Bank, .... For the defacto complainant.

Dictated by Arijit Banerjee, J:- 1.

Service report filed by the State be kept with the records. 2.

The petitioner says that he has been falsely implicated in this case. He is the victim girl's father's sister's husband (pisemosai). Due to property dispute this false complaint has been lodged. Charge has not yet been framed. He prays for bail. 3.

Opposing the bail prayer, learned Advocates for the State and the defacto complainant draw our attention to the victim girl's statement recorded under Section 164 (183 BNSS) of the Code of Criminal Procedure.

4.

We have also seen the medical report. There appears to be prima facie incriminating material against the petitioner. Further, charge is yet to be framed and the victim girl is yet to be examined. 5.

In view of the aforesaid, we are not inclined to enlarge the petitioner on bail, at this stage.

6.

CRM (DB) 427 of 2025 is, thus, dismissed.

7.

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. )