Akbar Sk v. The State Of West Bengal And ANR

20.01.2025 Item no.27.

Court No.29.

S. De CRM (DB) No.3941 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : Akbar Sk.

......Petitioner.

Mr. Balaram Patra, Mr. Suvadip Banerjee, Mr. Moumita Roy Chowdhury, ......for the Petitioner.

Ms. Anasuya Sinha, Ld. APP Ms. Baisakhi Chatterjee, ...for the State.

Md. Wasim Akram, Ms. Reshmi Khatun, Ms. Sabrina Parveen, ...for for the de facto complainant.

Dictated by Arijit Banerjee, J.

1. The prosecution case is that the petitioner concealed his identity, represented himself as a person belonging to a particular religious community and had physical relationship with the minor victim girl. Later, it was found that he belongs to a different religious community and is a married man with a child. The victim girl was forced to commit suicide.

2. In view of the nature and gravity of the offence, we are not inclined to allow the petitioner's prayer for bail, at this stage.

Signed By :

SANDIP DE High Court of Calcutta 21 st of January 2025 11:44:33 AM

3. We also see that there is enough material-on-record implicating the petitioner.

If convicted, the petitioner will have to serve a minimum of 20 years in custody.

4. CRM (DB) 3941 of 2024 is dismissed.

5. From the status report filed by the State today, we find that 2 prosecution witnesses have already been examined. The prosecution proposes to examine 11 out of 12 witnesses in all.

6. Considering the period of detention of the petitioner, we direct the learned Trial Court to spare no effort to expedite the trial and conclude the same as soon as possible without granting unnecessary adjournment to either of the parties and, if necessary, by fixing frequent schedules.

7. Let this order be communicated by the parties to the learned Court below.

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.) Signed By :

SANDIP DE High Court of Calcutta 21 st of January 2025 11:44:33 AM