Sanju Nag v. State Of West Bengal

23.03.2021.

Item No.69 (Rejected) ab C.R.M. 980 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.01.2021 in connection with Debra P.S. Case No. 701 of 2019 dated 30.12.2019 under Sections 341/376D/328/34 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012;

And In the matter of : Sanju Nag.

... petitioner.

Mr. Sanjib Mitra.

...For the petitioner.

Mr. P. K. Datta, Ld. APP, Mr. Santanu Deb Roy.

...For the State.

This is an application for bail in connection with Debra Police Station Case No. 701 of 2019 under Sections 341/376D/328/34 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 at the behest of the petitioner.

The petitioner is in custody for 446 days in connection with the instant case and prayed for bail. The victim is a minor girl aged about 17 years who narrated the incident and named the present person who allegedly committed the offence.

The complicity of the petitioner at this stage cannot be ruled out. The charge-sheet has already been submitted and the case is before the learned Special Judge and the schedule of recording evidence has also been fixed. In view of the materials available in the case diary, the statement of the minor victim girl as well as the injury

report, we do not think it is a fit case where the petitioner should be granted bail.

Accordingly, the application for bail being CRM 980 of 2021 is rejected.

(Harish Tandon, J.) (Tirthankar Ghosh, J.)