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Calcutta High CourtCRM (DB)/3581/2024rejected

Pradyut Bhattacharjee v. The State Of West Bengal And ANR

2025-01-28Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray3 pages

28.01.2025 Item no. 10.

Court No.29.

AB (Rejected) CRM (DB) 3581 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Budbud P.S. Case No.40 of 2024 Dated 25.04.2024 under Sections 363 370A/372/373/376D of the Indian Penal Code read with Sections 4 and 6 of the POCSO Act And In the matter of : Sri Pradyut Bhattacharjee ......Petitioner.

Mr. Pawan Kr. Gupta Mr. Subrata Saha, Mr. Vijay Verma, Ms. Sofia Nesar, Mr. Santanu Sett .....for the Petitioner.

Mr. Anowar Hossain Mr. Nirupam Dhali ......for the State.

Dictated by Apurba Sinha Ray, J.

1.

Learned Counsel for the petitioner claims that the petitioner has been falsely implicated in this case. The victim girl has become major but she has suppressed her age for which a challenge has been made before the concerned Trial Court. However, that prayer being rejected, the petitioner filed a revisional application challenging such order and the same is still pending before the Revisional Court.

2.

He further says that as the deposition of the victim girl has already been recorded and there is no chance of an Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 29 th of January 2025 01:32:26 PM

early conclusion of the trial, the petitioner may be granted bail on any condition.

3.

Learned Counsel for the State raises strong objection. According to him, there is no delay in proceeding with the case. The victim girl has specifically implicated the present petitioner in her deposition. The prosecution will conclude the trial very soon. If the petitioner is granted bail, the prosecution may suffer a lot. 4.

We have considered the materials on record including the deposition of the victim girl. She has squarely implicated this petitioner.

5.

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

6.

The prayer for bail is rejected.

7.

CRM (DB) 3581 of 2024 is dismissed.

8.

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.)