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Calcutta High CourtCRM (DB)/457/2022dismissed

Bablu Rajbanshi v. State Of West Bengal

2022-03-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (DB) 457 of 2022 (AD) 23.03.2022 Court No.29 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliyaganj P.S. Case No.649 of dated 11/11/2021 under Sections 363/365/376 of the Indian Penal Code, 1860, read with Sections 4/12/18 of Protection of Children from Sexual Offences Act, [POCSO Case No.58 of 2021] subsequently charge sheet submitted under Sections 363/365/376 of the Indian Penal Code, 1860, read with Sections 4/12/18 of Protection of Children from Sexual Offences Act, and 9/10/12 of Prohibition of Child Marriage Act.

And (Rejected) In the matter of: Bablu Rajbanshi ....petitioner.

Mr. Pronojit Roy ...for the petitioner.

Ms. Faria Hossain Mr. Anand Keshari ... for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 128 days. The police submitted charge sheet and, therefore, further detention of the petitioner is not required.

Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. Considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure which implicates the petitioner and considering the gravity of the offence and the involvement of the petitioner therein, we are unable to enlarge the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is

rejected.

C.R.M. (DB) 457 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)