Xxxx v. State Of West Bengal And ANR

18.02.2025 DL-67 Court No.26 CRM (DB) 4119 of 2024 (Bail Rejected) (AD) In re : An Application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 in connection with POCSO Case No.-39 of 2022 arising out of Krishnagar Kotwali Police Station Case No.411 of 2022 dated 23.04.2022 under Sections 363/365/376(3) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

-AndIn the matter of : XXXX ... ...Petitioner Mr. Sumanta Das, Advocate Mr. Avilash Tripathi, Advocate ... ... For the Petitioner Mr. Ranabir Roy Chowdhury, Ld. APP Ms. Rajashree Tah, Advocate ... ...For the State Mr. Ashok Das, Advocate Ms. Hasi Jana, Advocate Mr. Shreyush Mondal, Advocate ... ... For the de facto complainant.

1. Petitioner is facing trial in respect of penetrative sexual assault of a minor.

2. Out of 13 prosecution witnesses, 12 were examined.

3. Petitioner is related to the victim.

4. Enlarging the petitioner at the stage of the trial is not desirable given his relationship with the victim and the stage of the trial.

5. In such circumstances, we are not inclined to grant bail to the petitioner.

6. Accordingly, the prayer for bail of the petitioner is rejected. Signed By :

ABHIJIT DAS High Court of Calcutta 19 th of February 2025 02:17:36 PM

7. CRM (DB) 4119 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 19 th of February 2025 02:17:36 PM