Newton Roy v. State Of West Bengal

CRM 4611 of 2021 24.09.2021 Court No.28 Item No.18 (Rejected) In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed in connection with Teherpur Police Station Case No. 131 of 2020 dated 03.09.2020 for offence punishable under Sections 417/376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012; Akd & As And In the matter of : Sri Newton Roy.

...Petitioner

Ms. Sananda Bhattacharyya.

...For the Petitioner Mr. Tanmoy Kumar Ghosh, Mr. Arindam Sen.

...For the State.

The petitioner has filed the instant application for bail under Section 439 of the Code of Criminal Procedure after being arrested in connection with Teherpur Police Station Case No. 131 of 2020 for offence punishable under Sections 417/376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

This is a second application for bail at the behest of the petitioner before this Court. The earlier application being CRM 520 of 2021 was dismissed on 22nd February, 2021 considering the statement of the minor victim girl recorded under Section 164 of the Code of Criminal Procedure.

We do not find from the averments made in the instant application that there is changed circumstances between the rejection of the earlier application and the filing of the instant application.

In view of the above, we do not think that it is fit case where the petitioner should be enlarged on bail.

The prayer for bail is thus rejected.

The application for bail being CRM 4611 of 2021 is dismissed.

(Harish Tandon, J) (Bibek Chaudhuri, J.)