Sadhan Barman v. State Of West Bengal

10.09.2020 SL No.11 Ar/pk CRM 6382 of 2020 With CRAN/1/2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kumarganj Police Station Case No. 71 of 2020 dated 09.5.2020 under Section 4 of the Protection of Children from Sexual Offences Act. And In the matter of: Sadhan Barman ....Petitioner.

Mr. Kaushik Choudhury ...for the Petitioner.

Md. Anwar Hossain Mr. Mirza Firoj Ahmed Begg ...for the State.

Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

Accordingly, the application being CRAN 01 of 2020 is disposed of.

The learned advocate for the petitioner submits that the petitioner has been falsely implicated in the instant case mala fidely and unnecessarily he has been detained. He further submits that in view of the fact as the charge sheet has already been submitted further detention of the petitioner is not required in connection with this case.

The learned advocate for the State opposes the prayer for bail and draws the attention of this Court to the statement of the victim under Section 164 Cr.P.C.

We have perused the materials on record including the statement of the victim and the memorandum of evidence and on perusal of the same we are of the opinion that the petitioner cannot be released on bail at this stage.

Accordingly, the prayer of the petitioner is rejected. C. R. M. 6382 of 2020 is thus disposed of.

(Samapti Chatterjee, J.) (Tirthankar Ghosh, J.)