Xyz v. State Of West Bengal And ANR

10.04.2025 Item no.10 Court No.39 srm

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION C.R.M.(M) 25 of 2025 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973/corresponding to Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhatpara Police Station Case No.297/2024 dated 23.05.2024 under Sections 376D/354C/354B/341/323/506/34 of the Indian Penal Code, Section 4 of the Protection of Children from Sexual Offences Act, 2012;

And In Re : XYZ .... Petitioner Mr. Debasis Kar, Mr. Husen Mustafi, Mr. Arka Tilak Bhadra ...for the Petitioner Ms. Sreyashee Biswas, Mr. Anarul Islam ... for the State.

Affidavit of service filed on behalf of the petitioner is taken on record.

Mr. Debasis Kar, learned Advocate for the petitioner submits that the petitioner is aged about 20 years. The petitioner had love affairs with the victim for a period of two years and there is no incriminating material to attract offences as alleged. The petitioner is in custody for about one year. He seeks for enlargement of the petitioner on bail. Opposing such prayer, Mr. Amanul Islam, learned Advocate for the State submits that the statement of the victim shows the criminal act of the petitioner so far as the alleged

offence is concerned. There are allegations of the victim being blackmailed which has also been stated during her examination before the medical officer. He informs the Court that the charge has already been framed and date has been fixed for examination of the prosecution witnesses in the month of June, 2025. He seeks for dismissal of the application. Perused the case diary and materials on record. From the statement of the victim recorded under Section 164 of Cr.P.C., there are allegations against the petitioner of his involvement in the alleged offence. There are also allegations of blackmailing the victim by the petitioner which is also reflected from the statement of the victim made before the medical officer. Considering such materials as above and gravity of the offence, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. The application for bail being CRM (M) 25 of 2025 stands dismissed.

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

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)