Paritosh Karmakar v. The State Of West Bengal And ANR.

22.08.2024 Item no.31.

Court No.28.

S. De (Rejected) CRM (DB) No. 2364 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure.

And In the matter of : Paritosh Karmakar.

......Petitioner.

Mr. Sanjib Mitra, ......for the Petitioner.

Ms. Rituparna De Ghose, Ms. Suchismita Dutta, ......for the State.

Ms. Trina Mitra, ...for the victim.

Dictated by Arijit Banerjee, J.

1. The petitioner says that he is in custody for 108 days. He has been falsely implicated. The victim girl is the child of his landlady. Because of landlord tenant dispute, he has been framed.

2. We have seen the materials in the case diary which have been placed before us by learned advocate for the State who opposes the prayer for bail. The victim girl recorded three statements under Section 164 Cr.P.C. She is a special child, 8 years of age. There appears to be prima facie sufficient incriminating material against the petitioner.

Further, we are told that vulnerable witnesses have not yet been examined.

Signed By :

SANDIP DE High Court of Calcutta 23 rd of August 2024 05:07:02 PM

3. In view of the aforesaid, we are not inclined to enlarge the petitioner on bail, at this stage.

4. CRM (DB) 2364 of 2024 is dismissed.

5. All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)