Nitai Biswas v. The State Of West Bengal And ANR.

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

13.02.2025 Court No.01 rpan/15 CRM (DB) 46 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Maynaguri Police Station Case no. 351 of 2024 dated 12.08.2024 under Section 6 of the Protection of Children from Sexual Offences Act, 2012;

And In Re : Nitai Biswas - Petitioner Mr. Biswarup Roy, Mr. Sourav Kundu ... for the petitioner.

Mr. Ujjwal Luksom, Ms. Namrata Das ... for the State.

Mr. Abhishek Singh ... for the de facto/ victim girl.

Mr. Roy, learned advocate appearing for the petitioner submits that there was a consensual relationship between the victim and the petitioner, who are aged about 15 years and 26 years respectively. The petitioner has already suffered detention for 180 days and upon completion of investigation, chargesheet has been submitted. In the said conspectus, further detention of the petitioner may not be necessary.

Mr. Luksom, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the medical report and the statement of the victim, as recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Mr. Singh, learned advocate enters appearance of behalf of the victim girl.

Having heard the learned advocates and considering the gravity of the offence, the nature of accusations and the extent of complicity of the petitioner in the alleged offence, we are not inclined to exercise discretion in his favour at this stage. Accordingly, the application for bail, being CRM (DB) 46 of 2025, is dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Prasenjit Biswas, J.) (Tapabrata Chakraborty, J.)