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Calcutta High CourtCRM/9577/2020rejected

Krishna Gopal Pradhan v. State Of West Bengal

2021-03-17Hon'Ble Justice Harish Tandon,Hon'Ble Justice Tirthankar Ghosh2 pages

17.03.2021.

Item No.14 (Rejected) ab C.R.M. 9577 of 2020 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Nandigram P.S. Case No. 160 of 2020 dated 09.06.2020 under Sections 306/376(2)(n) of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act; And In the matter of : Krishna Gopal Pradhan.

... petitioner.

Mr. Mazhar Hossain Chowdhury, Ms. Ghazala Firdaus, Mr. Suman Karmakar, Ms. Arunima Mukhopadhyay.

...For the petitioner.

Mr. Swapan Banerjee, Mr. Suman De.

...For the State.

The Advocate-on-Record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within four weeks from date. Subject to such undertaking the application is taken up for hearing.

This is an application for bail in connection with Nandigram P.S. Case No. 160 of 2020 under Sections 306/376(2)(n) of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act at the behest of the petitioner.

The learned Advocate for the petitioner submits that the petitioner is in custody for 205 days and the investigation of the case has already been concluded. He further submits that the detention of the petitioner is unwarranted as the charge-sheet has already been submitted and the petitioner has been implicated with ulterior motive.

The learned Advocate for the State opposes the prayer for bail and draws attention of this Court to the statement of

the minor daughters of the defacto complainant as well as the medical report.

After perusing the materials in the case diary, statement made under Section 164 of the Code of Criminal Procedure as well as the medical report, we are not inclined to release the petitioner at this stage.

Accordingly, the application for bail being CRM 9577 of 2020 is rejected.

(Harish Tandon, J.) (Tirthankar Ghosh, J.)