Bhaskar Biswas v. State Of West Bengal And ANR
17.04.2025 Item no.7 Court No.39 ss
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(DB) 890 of 2025 In Re:- An application under Section 439 of the Code of Criminal Procedure 1973/Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnaganj Police Station Case No.373 dated 19.09.2023 under Sections 377 of the Indian Penal Code read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.
And In Re : Bhaskar Biswas .... Petitioner Mr. Sanjib Kumar Dan ....for the petitioner Ms. Sukanya Bhattachariya Mr. Sujoy Sarkar ..... for the State Ms. Sudseshna Das ... for de facto complainant Service report filed by the State is taken on record. It is found that service has been effected upon the de facto complainant.
Learned Advocate for the petitioner submits that the petitioner is in custody for last 11⁄2 months and as per the medical report there are no external injuries. He seeks for enlargement of the petitioner on bail.
Opposing such prayer, learned Advocate for the State submits that as per the statement of the victim there are specific allegations against the petitioner, which is supported by medical report as well as statement of the doctor. She seeks for dismissal of the bail application.
Similar submission is advanced on behalf of the de facto complainant.
Perused the case diary and materials on record. It is found that the victim who is aged 12 years have made specific allegations in statement before the Magistrate of the involvement of the petitioner in the alleged sexual offence, which is also stated by him in deposition made in Court. The victim had made similar statement before the medical officer during his examination and the medical officer has also stated of such sexual assault. Considering the nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner. Learned trial court is directed to expedite and conclude the trial at an early date without granting any unnecessary adjournment to either of the parties.
The application for bail being CRM (DB) 890 of 2025 stands dismissed.
(Bivas Pattanayak, J.)