Calcutta High CourtCRM(M)/2517/2025dismissed

Sk Rajibul v. State Of West Bengal And ANR

2025-12-12Hon'Ble Justice Tirthankar Ghosh2 pages

12.12.2025 Court No.35.

D/L. 68.

Kausik (Rejected) CRM (M) 2517 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Panchla Police Station Case No. 213 of 2025 dated 28.06.2025 under Section 70(1)/115(2)/351(3)/3(5) of the BNS, 2023;

And In the matter of : Sk. Rajibul ......Petitioner.

Mr. Sabyasachi Chatterjee Mr. Akashdeep Mukherjee Mr. Satyam Pandey ......for the Petitioner.

Mr. Arani Bhattacharyya ....for the Victim/OP 2 Mr. P.P. Das Ms. Ankita Paul ......for the State.

Report in respect of service submitted by the State be kept with the record.

Learned advocate appearing for the petitioner submits that the petitioner and the victim had a relationship and subsequently the petitioner has been falsely implicated in connection with the instant case. Consequent to which the petitioner is in custody for 144 days. On any stringent condition petitioner may be released on bail.

Learned advocate for the defacto complainant opposes the prayer for bail and submits that the offence committed was without any consent and as such the petitioner should not be released on bail.

Learned advocate for the State draws the attention of the Court to the statement under Section 183 of the BNSS as well as the medical report. From the statement of the victim it reflects that the present case is a case of gang rape and the medical evidence prima facie do corroborate the same. Having considered that the charges are yet to be framed in the present case, at this stage, I am not inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner in CRM (M) 517 of 2025 is dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)