Bapi Das v. State Of West Bengal

CRM No.1827 of 2021 27.04.21 (S.R.) Sl.132 Ct.28 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Bidhannagar East Police Station Case No.61 of 2018 dated 10.07.2018 under Section 376(2)(i) of the Indian Penal Code and Section 6(j)(ii) of the POCSO Act; And In re: Bapi Das ... petitioner.

Mr. Debasis Kar ... for the petitioner.

Mr. S.G. Mukherjee, PP Mr. Aniket Mitra ...for the State.

Mr. Kar, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. The allegations levelled against him are unfounded. The principal accused is one Himangshu Patra and in the said conspectus, further detention of the petitioner, who is in custody since 16th July, 2018 is not necessary. Mr. Mitra, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary including the forensic examination report wherein it has, inter alia, been stated that the genetic profile of the petitioner herein is consistent as the biological father of the baby delivered by the victim lady. Let a copy of the said report, as produced, be kept on record. Having heard the learned advocates and considering the materials in the case diary, the gravity of the offence, the forensic examination report and the extent of complicity of the petitioner, we are not inclined to grant bail to the petitioner at this stage. Accordingly, the application for bail being CRM No.1827 of 2021 is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)