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Calcutta High CourtCRM (DB)/2234/2024rejected

Binod Kumar Verma v. The State Of West Bengal And ANR.

2024-07-31Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

31.7.2024 Ct. No. 6 SL No. 52 S. De / Tanmoy C.R.M. (DB) 2234 of 2024 In the matter of: Binod Kumar Verma Mr. Sukanta Chakraborty Ms. Mayukho Mitra Mr. Roumyadip Saha ...for the petitioner Ms. Faria Hossain Ms. Madhumita Basak ...for the State

1. Petitioner submits that the prosecution case suffers from various improbabilities. Minor's version with regard to forcible rape is not probable. She has already been examined. The petitioner is in custody for 230 days. He should be enlarged on bail.

2. State opposes the bail prayer.

3. We have considered the materials on record including the evidence of the minor. Petitioner is the teacher of the minor. He misused his fiduciary position and committed rape. Trial is in progress.

4. Under such circumstances and in view of the nature of offence, we are not inclined to grant bail to the petitioner at this stage.

5. The application for bail, is thus rejected.

6. We request the learned Trial Court to expedite the trial and conclude the same at an early date in view of the statutory mandate under Section 35(2) of the Protection of Children from Sexual Offences Act, 2012.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SANDIP DE High Court of Calcutta 2 nd of August 2024 05:31:35 PM