Prithiraj Debnath v. State Of West Bengal

23. 09 . 2020 CRM 6824 of 2020 With CRAN 1 of 2020 (Via Video Conference) BP/BR Sl. 22 In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Gobardanga Police Station Case No. 22 of 2019 dated 27.02.2019 under Sections 363/365 of the Indian Penal Code and Section 4 /6 of the Protection of Children Sextual Offences Act ( POCSO), 2012.

In the matter of : Prithiraj Debnath. ....petitioner Mr. Debojyoti Deb ..for the petitioner.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ..for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody since March 2020 and the charge-sheet has already been submitted and further detention of the petitioner is unwarranted in the instant case.

Learned advocate for the State produces the case diary and draws the attention of this court to the statement of the victim under Section 164 of the Cr.P.C. We have taken into account the statement of the victim and other materials on record including the complicity of the petitioner.

In view of the conduct of the petitioner and the

present stage of the case, we are of the opinion that it would not be safe to release the present petitioner on bail till the evidence of the victim is recorded by the learned trial court.

Accordingly, the prayer for bail is rejected. With the aforesaid observation, the application for bail being C.R.M. 6824 of 2020 and C.R.A.N. 1 of 2020 are disposed of.

(Samapti Chatterjee, J. ) (Tirthankar Ghosh, J.)