Sk Sahabuddin@Bappa v. State Of West Bengal

06.09.2021 Serial no. 19 Dd (Through Video Conference) CRM 5699 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 24.08.2021 in connection with Panchla Police Station Case No. 212 of 2020 dated 11.09.2020 under Sections 448/341/323/506/307/376 (3)/34 of the Indian Penal Code and Sections 4/6 of POCSO Act corresponding to Spl. T.R. Case No. 79/2020.

-AndIn the matter of : Sk Sahabuddin @ Bappa

...Petitioner

Mr. Tauhid Khan, advocate ... ... For the Petitioner Mr. P.K. Dutta, APP Mr. Santanu Deb Roy, advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 360 days. Three other coaccused were granted bail. He also submits that the victim girl refused to undergo medical examination.

Learned advocate appearing for the State draws the attention of the Court to the statement under Section 164 of the Criminal Procedure Code recorded by the victim girl. Considering that the victim girl names the petitioner as the principal offender in the statement recorded under Section 164 of the Criminal Procedure Code, we are not inclined to grant bail to the petitioner at this stage. Prayer for bail is, thus, rejected.

CRM 5699 of 2021 is dismissed.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)