Xyz v. State Of West Bengal And ANR

29.04.2025 Item No.13.

Daily List Court No.39 Mithun (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 956 of 2025 In re : An application under section 483 of the BNS, 2023 in connection with Basudevpur Police Station Case No.246 of 2024 dated 21.09.2024 of Sections 64(2)(m)/65(1) of BNS 2023 and 6/12 of POCSO Act, and also written as Session Special Case (POCSO) No.215 of 2024.

-AndIn the matter of : XYZ ... Petitioner Mr. Debasis Kar ...for the petitioner Mr. Bhivasan Bhattacharya, Mr. Raju Mondal ... ...for the State Learned Advocate for the petitioner submits that a negotiation of marriage was going on between the petitioner and the victim and for such reason, they got acquainted with each other. There are no incriminating materials against the petitioner. The victim in the meantime got involved with another boy and falsely implicated the present petitioner. He seeks for enlargement of the petitioner on bail.

Learned Advocate for the State opposing such prayer for bail submits that there are serious allegations against the petitioner of forcibly entering into physical relationship with the victim and also blackmailing the petitioner on the basis of videography. He files a copy of the evidence which is also taken on record. He seeks for dismissal of the bail application.

Perused the Case Diary and materials on record. It is a fact that the victim girl in her statement stated that talk of negotiation of marriage was going on. Be that as it may, there are allegations against the petitioner of entering into physical relationship and making videography of the same, which has also been deposed by the victim before the Trial Court during her examination. Considering the above materials and nature and gravity of the offence, I am not inclined to enlarge the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is rejected. The application for bail being CRM(DB) 956 of 2025 stands dismissed.

Learned Trial Court is directed to expedite the trial and conclude the same at an early date.

(Bivas Pattanayak, J.)