Saidul Haque@Sahidul Haque v. The State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

21.01.2025.

Circuit Bench At Jalpaiguri Sl. No.04.

Ct. No. 1 SG (Rejected) C.R.M. (DB) 7 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sessions (POCSO) Case No. 175 of 2024 arising out of Dhupguri P.S. Case No. 403 of 2024 dated 14.10.2024 under Sections 126(2)/64(2)(m)/115(2)/351(3) of BNS and Section 6 of POCSO Act and charge-sheet submitted under Sections 64(2)(m)/351(3) of BNS and Section 6 of POCSO Act. And In the matter of : Saidul Haque @ Sahidul Haque. ... Petitioner.

Mr. Anirban Banerjee.

...for the petitioner.

Mr. Aditi Shankar Chakraborty, ld. A.P.P Mr. Kallol Nag.

...for the State.

1.

Petitioner contends there is delay in lodging FIR. Allegation of forcible intercourse is false. Accordingly, he prays for bail.

2.

Learned Advocate for the State submits victim is a minor and had been brutally raped.

3.

We have considered the materials on record including the statement of the victim. Petitioner is a neighbor. He had forcibly raped the victim and threatened her. Out of fear the victim kept quiet. He again raped her.

4.

In light of the aforesaid incriminating materials and gravity of offence, we are not inclined to grant bail to the petitioner.

5.

Accordingly, the prayer for bail of the petitioner is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)