X X X X v. State Of West Bengal And ANR

23.

20.03.2025 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 442 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 Junput Coastal Police Station Police Station Case No.179/2024 dated 13.09.2024 under Sections 64(2)(m)/89/108/351(2)/3(5) the BNS, 2023. And In the matter of: - XXXX.

.....petitioner.

Mr. Kaushik Chowdhury ...for the petitioner.

Mr. Saibal Mondal, Ms. Sonali Ghosh ....for the de-facto.

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

Dictated by Apurba Sinha Ray, J.

1. The petitioner has submitted that the petitioner is in custody for 183 days. The medical report shows that the petitioner is incapable of performing sexual activities. However, as the investigation is complete, the petitioner may be enlarged on bail on any condition. The learned counsel has also pointed out that there is no paper showing that the petitioner helped the victim to abort her child.

2. Learned counsel for the de-facto complainant has submitted that in the second medical report, it has clearly mentioned that the petitioner is capable of performing sexual intercourse.

3. The learned advocate for the State has also raised strong objection. According to him, there are sufficient incriminating materials against the petitioners and further he has stated that the mother of the victim committed suicide due to this type of incident involving her child.

4. We have considered the materials on record. We find that in the statement recorded under Section 164 Cr.P.C. the victim clearly implicates the present petitioner. The present law of the land suggests that if the victim's evidence inspires confidence, the medical report may become immaterial.

5. In view of the aforesaid, we are not inclined to entertain the petitioner's prayer for bail, at this stage.

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

7. CRM (DB) 442 of 2025 is disposed of.

8. However, we request the learned trial court to expedite the trial, if possible, by fixing frequent schedules for recording of evidence so that the matter can be disposed of as early as possible. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)