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Calcutta High CourtCRM (DB)/1168/2022dismissed

Rabiul Sk v. State Of West Bengal

2022-05-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

04.05.2022 Serial no.50 [Dd] (Bail Rejected) CRM (DB) 1168 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Kandi Police Station Case No. 649 of 2021 dated 05.12.2021 under Sections 363/365 of the Indian Penal Code. Charge sheet submitted being No. 21/2022 dated 31.01.2022 under Sections 363/365/34/376(1) of the Indian Penal Code and Section 6(i) of the Protection of Children from Sexual Offences Act, 2012. Corresponding to C. Special Case No. 34 of 2021.

-AndIn the matter of : Rabiul Sk. ... ...Petitioner Ms. Mionoti Gomes, Md. Hafiz Ali, Advocates ... ... For the Petitioner Mr. Tanmay Kr. Ghosh, ld. SGA Mr. Arindam Sen, Advocate ... ...For the State Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 50 days. The police filed charge sheet and, therefore, further detention of the petitioner is not required. The victim was taken back by her parents. The victim was subsequently given in marriage. 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. Considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code and 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) 1168 of 2022 is dismissed.

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