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Calcutta High CourtCRM (DB)/3029/2024rejected

Sk. Sani @ Sk. Saniyaz Ali v. The State Of West Bengal And ANR.

2024-12-23Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Partha Sarathi Sen2 pages

08.

23.12.2024 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3029 of 2024 In Re: - An application of bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of: - Sk. Sani @ Sk. Saniyaz Ali. .....petitioner.

Mr. Devi Priya Mitra ...for the petitioner.

Mr. Anand Keshri, Mr. Dattatreya Dutta ....for the State.

Dictated by Arijit Banerjee, J.

1. Read order dated November 29, 2024. We have seen the depositions of the witnesses so far examined. The victim girl, who was a minor, at the relevant time, clearly and in unequivocal terms implicates this petitioner as having forcibly ravished her. The charge is under Section 6 of the Protection of Children from Sexual Offences Act. If convicted, the petitioner will have to undergo imprisonment for at least 20 years, which may extend to life imprisonment, which means remainder of the life.

2. In view of the aforesaid, although the petitioner is in custody for about 3 years and 6 months, we are not inclined to allow his prayer for bail, at this stage.

3. However, keeping in view the fairly long detention of the petitioner, we request the learned trial court to expedite the trial to the extent possible and conclude the same on an early date, without granting unnecessary adjournment to either of the parties.

4. The prayer for bail is, thus, rejected.

(Arijit Banerjee, J.) (Partha Sarathi Sen, J.)