Sk. Jahangir @ Sk. Nasir @ Sekh Nasir v. State Of West Bengal And ANR

07.02.2025 Item no.43.

Court No.29.

S. De CRM (DB) No. 4201 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 : Sk. Jahangir @ Sk. Nasir @ Sekh Nasir.

......Petitioner.

Mr. Sujoy Sarkar, ......for the Petitioner.

Mr. Avishek Sinha, Ms. Kanchan Roy, ......for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that he is in custody for 1 year and 1 month. He has been falsely implicated. There was an amorous relationship between the petitioner and the victim girl. Since he hailed from different religious communicate, the victim girl's family did not approve of such relationship. Hence, this false complaint. The victim girl travelled with him to Madras, stayed with him for 7 days. Then they went to Bolpur. The petitioner prays for bail.

2. Opposing the prayer, learned State counsel draws our attention to the statement of the victim girl recorded under Section 164 Cr.P.C. (Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023). Signed By :

SANDIP DE High Court of Calcutta 7 th of February 2025 05:30:45 PM

She clearly states that she was forcibly ravished. The medical report, prima facie, supports the prosecution case.

3. In view of the prima facie incriminating material against the petitioner, we are not inclined to grant bail to him, at this stage. We also notice that the petitioner is about 26 years old and the victim girl was only about 14 years old.

4. CRM (DB) 4201 of 2024 is dismissed.

5. Learned State counsel tells us that there are 13 chargesheet named witnesses. February 28, 2025 has been fixed as the date for recording of evidence.

6. Keeping in mind the period of detention of the petitioner, we direct the learned Trial Court to expedite the trial to the fullest extent possible and conclude the same on an early date, if necessary, by fixing frequent schedules for examination of witnesses and without granting unnecessary adjournments to either of the parties.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

SANDIP DE High Court of Calcutta 7 th of February 2025 05:30:45 PM