Calcutta High CourtCRM (DB)/630/2025rejected

Xxxx v. State Of West Bengal And ANR

2025-03-25Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

26.

25.03.2025 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 630 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 Haridevpur Police Station Case No.604/2023 dated 21.12.2023 under Sections 376(2)(l)(k)(n)/201/195A/109 & Sections 6/17 of the POCSO Act, 2012 & Section 85 of the J.J. Act & Section 92(d) Rights of Persons with Disability Act, 2016.

And In the matter of: - XXXX.

.....petitioner.

Mr. Neil Basu, Mr. Subhrajit Dey, Mr. Sankha Biswas ...for the petitioner.

Mr. Rudradipta Nandy, Ld. A.P.P., Mrs. Shila Afrin ....for the State.

Dictated by Apurba Sinha Ray, J.

1. Medical report submitted by the State be kept with the records.

2. Learned advocate for the petitioner has submitted that the petitioner is in custody for about 1 (one) year and 5 (five) months. At best, the charge of aiding and abetting of the alleged offence can be made against her. However, she is the Vice-Chancellor of a blind school. As the investigation is complete, she being a lady should be enlarged on bail on any condition.

3. The learned State advocate opposes the prayer for bail. According to him, there are 14 cases initiated by the minor victims against

the present petitioner and others who are supposed to protect those children. However, the statement of the victim girl clearly implicates the present petitioner along with others in the commission of the offences as already mentioned in the FIR.

4. We have considered the materials on record and case diary. We have also taken into consideration the statement of the victim girl recorded under Section 164 Cr.P.C. There is clear implication of the present petitioner at the instance of the victim girl.

5. In view of such materials on record, we are not inclined to allow the petitioner's prayer for bail, at this stage.

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

7. CRM (DB) 630 of 2025 is disposed of.

8. Medical report submitted by the State shows that the petitioner's health condition is stable and she is not suffering from any serious illness. Therefore, on health ground also grant of bail will not be justified.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)