Arsaiya Pathan v. State Of West Bengal
11.05.2022 Serial no.37 [Dd] (Bail Rejected) CRM (DB) 1230 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bizpore Police Station Case No.
of dated 27.11.2021 under Sections 365/370/376/120B of the Indian Penal Code.
-AndIn the matter of : Arsaiya Pathan ... ...Petitioner Mr. Mrityunjoy Chatterjee, Advocate ... ... For the Petitioner Mr. Binay Panda, Ms. Puspita Saha, Advocates ... ...For the State Petitioner prays for bail.
Learned advocate appearing for the petitioner submits that the petitioner is in custody for 155 days. The police filed charge sheet and, therefore, further detention of the petitioner is not required. Another co-accused was granted bail by the jurisdictional Court. There are charges under Sections 365 and 376 of the IPC which will not be attracted as against the petitioner.
Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Criminal Procedure Code. She submits that the petitioner is the person running the infamous place where the victims were being sexually exploited. 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) 1230 of 2022 is dismissed.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)