Selim Mallick v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

29-09-2020 KB Item no.10 Criminal Miscellaneous Jurisdiction C.R.M. No.7312 of 2020 Selim Mallick -vsThe State of West Bengal With CRAN No.1 of 2020 In Re: An application for bail under Section 439 CrPC in connection with Nakashipara Police Station Case No. 307 of 2020 dated 28.06.2020 under sections 363/365/376(3) of the Indian Penal Code, 1860 and Section 4 of the Protection of Children from Sexual Offece,2012.

Mr. Sumanta Das ...for the petitioner Mr. Parthapratim Das ... for the State.

Learned advocate for the petitioner submits that the petitioner is in custody for a considerable period of time and there are discrepancies which touches the root case.

Mr. Das, learned advocate appearing for the State opposes the prayer for bail and submits that the victim is about thirteen years of age and draws the attention of this Court to relevant materials appearing in the case diary.

We have perused the materials on record and appreciated the facts in the background of the incident/information, which has been collected by the Investigating Agency.

On analysis of the same, we are of the opinion that the prayer for bail of the present petitioner can be considered only after the evidence of the victim has been recorded.

In view of the aforesaid, the prayer for bail is rejected at this stage.

All parties are to act in terms of a copy of this order downloaded from the official website of this court. [Tirthankar Ghosh, J] [Subrata Talukdar, J]