Jayanta Sarkar v. State Of West Bengal

08.03.2022 Sl. 67 Court No.29 suvayan (rejected) C.R.M. (DB) 649 of 2022 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.03.2022 in connection with Santipur P.S. Case No. 819/2021 dated 10/10/2021 under Section 376(3) of the Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act.

And In the matter of: Jayanta Sarkar ....petitioner.

Mr. Sagar Saha Mr. Subir Debnath Ms. Roma Roy ...for the petitioner.

Mr. Binay Panda Mr. Subham Bhakat ...for the State.

Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 148 days. He submits that the statement of the victim recorded under Section 164 of the Criminal Procedure Code is not corroborated by the medical evidence.

Learned Advocate appearing for State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code and the medical report of the victim. Considering the gravity of the offence and the involvement of the petitioner therein the age of the victim recorded under Section 164 of the Criminal Procedure Code and the medical report of the victim, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected. C.R.M. (DB) 649 of 2022 is dismissed.

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