Sukhlal Das v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 9.9.2020 ks/sk Item no.5 Rejected C.R.M. No.6333 of 2020 Sukhlal Das -vsThe State of West Bengal with CRAN/1/ 2020 In Re: An application for bail under Section 439 CrPC in connection with Dinhata Women P.S. Case No.36 of 2020 dated 01.06.2020 under section 506 of the IPC read with Section 6 of the Protection of Children from Sexual Offences Act.

Mr. Sudip Guha ...for the petitioner.

Mr. Aditi Sankar Chakraborty,ld APP(Circuit Bench) ... for the State.

The advocate-on-record for the petitioner undertakes to affirm and properly stamp the petition as per the rules within one month of resumption of normal functioning of the court. The petition is taken up through video-conference on the basis of such undertaking. The learned Advocate for the petitioner submits that the petitioner has been falsely implicated in the case and he is in custody for a considerable period of time. The learned Advocate further submits that in view of the charge-sheet being filed, further detention of the petitioner is unwarranted in the facts and circumstances of the case.

Mr. Chakraborty, learned A.P.P., Circuit Bench, appearing for the State opposes the prayer for bail and draws the attention of this court to the statement of the victim. He further submits that supplementary charge-sheet may be filed when the DNA report is received by the Investigating Officer of the case. We have perused the materials on record including the statement of the victim and considering the nature and gravity of the offence and the fact that the victim is about 13 years old and the present petitioner is about 56 years old, we are not inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is rejected. CRM No.6333 of 2020 and CRAN/1/ 2020 are disposed of. [ Tirthankar Ghosh, J] [Samapti Chatterjee, J]