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Calcutta High CourtCRM/2846/2021rejected

Abhijit Biswas @ Abhijit @ Abhi Biswas v. State Of West Bengal

2021-08-12Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

12.08.2021 suman Ct. 32 CRM 2846 of 2021 (Via Video Conference) In Re: an application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Santipur Police Station Case No.155 of 2020 dated April 4, 2020 under Section 4/6 of Protection of Children from Sexual Offences Act, 2012.

And In the matter of: Sri Abhijit Biswas @ Abhijit @ Abhi Biswas

...Petitioner

Ms. Sananda Bhattacharya ...for the petitioner Ms. Sukanya Bhattacharya Md. Kutubuddin ...for the State The charge is under Sections 4/6 of the Protection of Children from Sexual Offences Act, 2012. The victim girl was 4 years and 10 months old at the time of the incident. The petitioner was 19 years old.

We have seen the material in the case diary including the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure. The victim girl vividly describes the shockingly perverted acts which prima facie the petitioner indulged in.

Given the incriminating material on record and the very serious nature of the charge brought against the petitioner, in spite of the fact that the petitioner might have been in custody for 496 days, we are not inclined to allow the petitioner's prayer for bail at this stage. The application for bail being CRM 2846 of 2021 is, thus, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Arijit Banerjee, J.)