Satyendra Kumar v. State Of West Bengal

26.04.2022 Serial no.71 [Dd] (Bail Rejected) CRM (DB) 1092 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Tangra Police Station Case No. 44 of 2022 dated 23.02.2022 under Sections 08 & 10 of the Protection of Children from Sexual Offence Act.[Special case no. 06/2022] -AndIn the matter of : Satyendra Kumar ... ...Petitioner Mr. Shareq Siddique, Mr. Shahnawaz Alam Advocates ... ... For the Petitioner Mr. Sudip Ghosh, Mr. Bitasok Banerjee, Advocates ... ...For the State Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 63 days. The victim in her cross-examination states that she was tortured by the police and an advocate to depose.

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 and also other materials therein.

In her evidence the victim corroborates the entire incidents as stated by her in her statement recorded under Section 164 of the Criminal Procedure Code. The nature of the cross-examination and the impact of the crossexamination on the evidence given is to be evaluated at the trial.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (DB) 1092 of 2022 is dismissed.

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