Subir Singha v. State Of West Bengal

11.05.2022 Serial no.42 Aloke Ct. No. 29 CRM (DB) 1242 of 2022 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar P.S. Case No. 86 of 2022 dated 16.01.2022 under Sections 363/365 of the Indian Penal Code and Section 6 of the POCSO Act. -AndIn the matter of : Subir Singha ... ...Petitioner Mr. Subrata Roy, Advocate Mr. Amarendra Chakarborty, Advocate Mr. Tonmoy Chatterjee, Advocate ... ... For the Petitioner Mr. S.S. Imam, Advocate Mr. S. Kundu, Advocate ... ... For the State Petitioner prays for bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 109 days. The police filed charge-sheet. There was a relationship between the petitioner and the victim.

Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

The victim who is 16 years of age, in her statement recorded under Section 164 of the Code of Criminal Procedure implicates the petitioner. She does not acknowledge any relationship between her and the petitioner.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are unable to grant bail to the petitioner.

CRM (DB) 1242 of 2022 is rejected.

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