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Calcutta High CourtCRM/2155/2021rejected

Riju Bagdi v. State Of West Bengal

2021-07-14Hon'Ble Justice Harish Tandon,Hon'Ble Justice Subhasis Dasgupta2 pages

14.07.2021 SKB/AS CRM No. 2155 of 2021 (Via Video Conference) In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Spl. 15/2021 and Barasat Women P.S. Case No.17 dated 26.01.2021 under Sections 376(2)(n)/417/506/34 of the Indian Penal Code and 6 POCSO Act.

And In the matter of: Riju Bagdi ... Petitioner Mr. Yunus Mondal ... for the petitioner Mr. Binay Panda, Ms. Puspita Saha, Mr. Subham Kanti Bhakat.

...for the State The Advocate on Record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing. The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Spl. 15/2021 and Barasat Women P.S. Case No.17 dated 26.01.2021 under Sections 376(2)(n)/417/506/34 of the Indian Penal Code and 6 POCSO Act.

According to the petitioner, there was a love relation between the minor victim girl and the petitioner and the case has been initiated without any reason and rhyme as the petitioner is all along ready and willing to marry the victim girl.

The State opposes the prayer for bail and draws our attention to the statement of the minor victim girl recorded under Section 164 of the Code of Criminal Procedure where she vividly narrated the incidents.

After considering the aforesaid statement and gravity of the offence, we do not think that it is a fit case where the petitioner should be enlarged on bail.

Accordingly, the prayer for bail of the petitioner is rejected.

The application being, C.R.M. 2155 of 2021, is dismissed.

(Harish Tandon, J.) (Subhasis Dasgupta, J.)