Samir Das v. State Of West Bengal And ANR

04.09.2025 jb.

jdt.

C.R.M. (M) 1196 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nadanghat Police Station Case No. 358 of 2024 dated 24.05.2024 under Section 376(2)(L) of the Indian Penal Code. And In Re :

Samir Das ... Petitioner.

Mr. Dhananjay Banerjee Mr. Pralay Hazra ... For the Petitioner.

Zareen Nasima Khan Parvej Anam ... For the State Learned counsel for the petitioner submits that the petitioner is in custody for more than a year. The statement of the victim recorded under Section 164 of the Code of Criminal Procedure varies from her statement under Section 161 of the Code of Criminal Procedure. The medical report does not corroborate her statement recorded under Section 164 of the Code. The petitioner prays for bail.

Learned counsel for the State opposes the prayer. I have considered the material on record.

The victim lady is a differently abled person. She has identified the petitioner in test identification parade. She has also implicated the petitioner in her statement recorded under Section 164 of the Code of Criminal Procedure. Though the medical report is inconclusive, sufficient

material has transpired against the petitioner in the evidence of the victim lady.

Considering the nature of the offence and prima facie involvement of the petitioner therein, prayer for bail is rejected at this stage.

The application for bail is disposed of.

Case diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)