Ripon Biswas v. The State Of West Bengal And ANR

40.

16-08-2024 (ct. no.28) debajyoti (rejected) CRM (DB) 2317 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Santipur Police Station Case No.1460 of 2023 dated 22-12-2023 under Sections 448/325/354/506 of the Indian Penal Code read with Section 8 of the Protection of Children from Sexual Offences Act with added Section 376(2)(n)(3) and Section 4 of the POCSO Act.

- A n d - In the matter of : Ripon Biswas .... Petitioner.

Ms. Minoti Gomes, Mr. Samrat Paul, Ms. Shanta Sarkar ... For the Petitioner.

Mr. Soumik Ganguly, Ms. Sonali Bhar ... For the State.

Dictated by Partha Sarathi Sen, J.

Affidavit-of-Service filed in Court today be taken on record.

We have heard learned advocates for the contending parties.

We have considered the petition for bail and the material as available in the Case Diary. From the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, we find sufficient incriminating material against the present accused petitioner. We have been told that the charge has not been considered.

In view of the aforesaid position, we are not inclined to exercise our discretion under Section 439 of the Code of Criminal Procedure. The prayer for bail is, therefore, rejected. Signed By :

DEBAJYOTI DAS High Court of Calcutta 19 th of August 2024 05:59:46 PM

The application for bail being CRM (DB) 2317 of 2024 is, thus, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Partha Sarathi Sen, J.) (Arijit Banerjee, J.) Signed By :

DEBAJYOTI DAS High Court of Calcutta 19 th of August 2024 05:59:46 PM