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Calcutta High CourtCRM (DB)/4153/2023rejected

Subhash Banik v. State Of West Bengal And ANR

2023-11-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

16.11.2023.

23.

Ct.No.28 as (Rejected) C.R.M. (DB) 4153 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali P. S. Case No.1072 of 2022 dated 28.10.2022 under Sections 448/323/506(2) of the Indian Penal Code and Sections 8/12 of the Protection of Children from Sexual Offences Act.

In the matter of : Subhash Banik.

... Petitioner.

Ms. Sananda Bhattacharyya, Ms. Bushra Khatun.

...for the Petitioner.

Mr. Navanil De.

...for the State.

1.

Petitioner renews his prayer for bail.

2.

Learned Advocate for the State opposes the bail prayer. He submits victim is being examined.

3.

We have considered the materials on record. Bail prayer of the petitioner was rejected earlier on merits. Victim is a mentally challenged girl. Her examination is not complete.

4.

Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

5.

Accordingly, the prayer for bail of the petitioner is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)