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Calcutta High CourtCRM/6782/2021dismissed

Biswajit Sardar @ Joga v. State Of West Bengal

2021-11-11Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee1 pages

11.11.2021 Serial no. 422 Dd (Through Video Conference) CRM 6782 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with SPL-113/21 under Sections 363/365 of the Indian Penal Code, 1860 and Section 12 of Protection of Children from Sexual Offence Act, 2012 and Sections 9/10/11 of Prohibition of Children Marriage Act, 2006 arising out of Kultali Police Station Case No. 253 of 2021 dated 02.06.2021. -AndIn the matter of : Biswajit Sardar @ Joga ... ...Petitioner Mr. Goutam Sardar, Ms. Tanuka Basu, Mr. Ashutosh Pathak, Mr. Kanailal Kanji, Advocates ... ... For the Petitioner Mr. Swapan Banerjee, Ms. Purnima Ghosh, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that there was a relationship between the victim and the petitioner. The petitioner is in custody for more than five months.

Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Criminal Procedure Code. She submits that there are criminal antecedents of the petitioner. Considering the statements recorded under Section 164 of the Criminal Procedure Code of the victim girl and considering the age noted therein of the victim girl, we are not inclined to grant bail to the petitioner. CRM 6782 of 2021 is dismissed.

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