Safikul Islam v. State Of West Bengal

25.03.2021 Item No.99 Ct.No.28 Subha rejected C.R.M. 1269 of 2021 (Via Video Conference) In Re : An Application for bail under Section 439 of the Code of Criminal Procedure.

-AndIn the matter of : Safikul Islam ... Petitioner. Mr. Anisur Rahaman ... For the Petitioner.

Mr. P. K. Datta, APP Mr. Santanu Deb Roy ... For the State.

The present application under Section 439 of the code of Criminal Procedure has been preferred by the petitioner in connection with Asansol Women P.S. Case No. of dated 11-07-2020 under Sections 354/354B/354C/376/120B/109 of the Indian Penal Code and Section 4/6/17 of Protection of Child from Sexual Offences Act.

The learned advocate appearing for the petitioner submits that the petitioner is in custody since 24th August, 2020 and he has been falsely implicated in the instant case.

On any stringent condition learned advocate for the petitioner prays for bail of the petitioner.

Mr. Datta, learned Additional Public Prosecutor appearing for the State opposes the prayer for bail of the petitioner and draws the attention of this court to the statement of the witnesses.

We have perused the materials on record as also the case diary, including the statement of the witnesses and that of the victim and having regard to the nature and gravity of the offence and the incriminating material appearing against the petitioner, we are not inclined to release the petitioner on bail at this stage. With the aforesaid observations, the application for bail being CRM 1269 of 2021 is, accordingly, disposed of. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)