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Calcutta High CourtCRM (DB)/1054/2022dismissed

Swapan @ Sanup Sarkar v. State Of West Bengal

2022-04-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

22.04.2022 Serial no.69 [Dd] (Bail Rejected) CRM (DB) 1054 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Pukhuria Police Station Case No. 431 of 2021 dated 26.10.2021 under Sections 4 of the Protection of Children from Sexual Offences Act, 2012 corresponding to Special Case No. 93 of 2021.

-AndIn the matter of : Swapan @ Sanup Sarkar ... ...Petitioner Mr. Soupal Chatterjee, Advocate ... ... For the Petitioner Mr. Tanmay Kr. Ghosh, ld. SGA Mr. Arindam Sen, Advocate ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 162 days. The police filed charges sheet and, therefore, further detention of the petitioner is not required. He submits that the father of the victim made a marriage proposal to the father of the petitioner for his daughter which was turned down. Thereafter, the present police complaint was lodged. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the victim recorded under Section 164 of the Criminal Procedure Code.

Considering the statement, age of the victim and considering the statement recorded under Section 164 of the Criminal Procedure Code, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (DB) 1054 of 2022 is dismissed.

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