Dasharathi Bar @ Dasarathi Bar @ Dashurathi Bar v. State Of West Bengal And ANR

35.

13.03.2025 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 571 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 Ramnagar PS Case No.37/2024 dated 18.01.2024.

And In the matter of: - DASHARATHI BAR @ DASARATHI BAR @ DASHURATHI BAR ...petitioner.

Mr. Imtiaz Ahmed Mr. Mazhar Hossain Chowdhury Ms. Chandrima Debnath ...for the petitioner.

Ms. Sayanti Santra Mr. Asif Dewan ...for the State.

Ms. Sibangi Chattopadhyay ...for the de facto complainant through legal aid.

Dictated by Arijit Banerjee, J.

1. Report filed by the State be kept with the records.

2. The petitioner is the grand uncle of the victim girl. He allegedly used to repeatedly sexually exploit the girl. The girl became pregnant at the age of 13 years and nine months.

3. The victim girl has squarely implicated this petitioner in her statement recorded under Section 164 of the Criminal Procedure Code, 1973 (Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023). The medical report fully supports the prosecution case.

4. Given the serious nature of the crime and considering the quantity and quality of incriminating material that is available against the petitioner and also keeping in mind that if

convicted, the petitioner faces a jail term of at least 20 years, which may extend to life imprisonment, we are not inclined to entertain the petitioner's prayer for bail. The prayer for bail is rejected.

5. The application being CRM (DB) 571 of 2025 is accordingly dismissed.

(Om Narayan Rai, J.) (Arijit Banerjee, J.)