Tapas @ Ranjan Baisya v. State Of West Bengal

29.04.2022 Serial no.57 [Dd] (Bail Rejected) CRM (DB) 1086 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Raiganj Women Police Station Case No. 168 of 2020 dated 20.11.2020 under Sections 376(3) of the Indian Penal Code read wit Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. -AndIn the matter of : Tapas @ Ranjan Baisya ... ...Petitioner Mr. Dipankar Pal, Ms. Kakali Naskar, Advocates ... ... 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 46 days. Another co-accused was enlarged on bail and, therefore, the prayer for bail of the petitioner should be considered. Learned advocate appearing for the State submits that there were two victims in respect of the co-accused who was granted bail. Such victim did not undertake any medical test. So far as the petitioner is concerned, who is guilty of ravishing the other victim, such victim took the medical test. He refers to the statement of the victim recorded under Section 164 of the Criminal Procedure Code. Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary including the statement of the victim recorded under Section 164 of the Criminal Procedure

Code implicating the petitioner therein, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (DB) 1086 of 2022 is dismissed.

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