Tanuj Biswas v. State Of West Bengal

CRM No.11101 of 2020 05.02.21 (S.R.) Sl.18 Ct.28 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Ranaghat Women Police Station Case No.59 of 2018 dated 19.08.2018 under Sections 376(2)(1) of the Indian Penal Code and Section 4 of the POCSO Act; And In re: Tanuj Biswas ... petitioner.

Ms. Minoti Gomes ... for the petitioner.

Mr. Binay Panda Ms. Puspita Saha ...for the State.

Ms. Gomes, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. Upon DNA profiling it has been found that the petitioner herein is not the biological father of the baby. Upon conclusion of investigation charge sheet has also been filed and as such, further detention of the petitioner, who is in custody for two years five months, is not necessary.

Mr. Panda, learned advocate appearing for the State opposes the petitioner's prayer for bail.

Having heard the learned advocates and considering the materials in the case diary, the gravity of the offence, the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure and the extent of complicity of the petitioner in the alleged offence, we are not inclined to enlarge the petitioner on bail at this stage.

The application for bail being CRM No.11101 of 2020 is, thus, dismissed.

All the parties shall act on a server copy of this order. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)