Kartick Biswas v. State Of West Bengal

25.04.2022 Serial no.59 [Dd] (Bail Rejected) CRM (DB) 1068 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with POSCO Trial No. 03 (7) 2019 arising out of Dhantala Police Station Case No. 389 of 2018 dated 20.10.2018 under Sections 376AB of the Indian Penal Code read with Section 6 of POCSO Act.

-AndIn the matter of : Kartick Biswas ... ...Petitioner Mr. Khalid Hasan, Advocate ... ... For the Petitioner Ms. Anasuya Sinha, Mr. Pinak Kr. Mitra, Advocates ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody in excess of 1200 days. Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code. The prayer for bail on the earlier occasion was rejected on the strength of the statement of the victim recorded under Section 164 of the Criminal Procedure Code. The victim was 12 years of age when the incident occurred.

Considering the fact that there is hardly any material change in circumstances subsequent to the earlier order of rejection, we are not inclined to grant bail to the petitioner. Prayer for bail of the petitioner is rejected. CRM (DB) 1068 of 2022 is dismissed.

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