Kishore Kumar Das v. State Of West Bengal And ANR

43.

19.12.2024 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3496 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: - Kishore Kr. Das .....petitioner.

Ms. Jeenia Rudra, Mr. Soumya Mahapatra, Ms. Sangeeta Halder ...for the petitioner.

Mr. Madhusudan Sur, Ld. APP.

....for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner is the step-father of the victim lady. The allegation is of rape.

2. The petitioner says that he has been falsely implicated. He is in custody for 187 days. Investigation is complete. His further custodial detention is not necessary.

3. Learned State advocate, while opposing the prayer, draws our attention to the statement of the victim lady recorded under Section 164 Cr.P.C. She squarely implicates the petitioner.

4. In view of such prima facie incriminating material against the petitioner and considering that the charge is yet to be framed, we

are not inclined to allow the petitioner's prayer for bail at this stage.

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

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