Calcutta High CourtCRM(M)/64/2026rejected

Krish Oraon@Krrish Oraon@Shek Tirkey v. The State Of West Bengal And ANR

2026-03-20Hon'Ble Justice Debangsu Basak2 pages

In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 20.03.2026 Ct. No. 07 S.D.

REJECTED C.R.M.(M) 64 of 2026 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Matelli Police Station Case No. 133 of 2024 dated 15.07.2024 under Sections 6/14/15 of the Protection of Children from Sexual Offences Act, 2012 and Section 70(2)/294(2)(b)/351(3) of the B.N.S.,2023.

And In Re: Krish Oraon @ Krrish Oraon @ Shek Tirkey ...... petitioner Mr. Anirban Banerjee Mr. Swarup Mondal ...for the petitioner Mr. Nilay Chakraborty, Ld. A.P.P., Mr. Bhaskar Das ....for the State Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 612 days. The victim deposed at the trial. Victim did not name the petitioner as a perpetrator of the crime.

Learned advocate appearing for the petitioner draws the attention of the Court to the deposition of the victim in support of his contention that the victim did not name the petitioner as a perpetrator of the crime.

State is represented.

Petitioner is facing charges inter alia of gang rape. The victim is a minor. Deposition of the victim was concluded at the trial.

In her deposition, the victim named the various persons who committed gang rape on her. Her version is that the incident was also video recorded. Video of the incident was made viral. In reply to an answer in cross-examination put by one of the accused, the victim stated that after the video became viral, she came to know that one of the persons involved was the petitioner.

Victim, therefore, named all the perpetrators of the gang rape including the petitioner.

The incident as narrated by the victim is severe. Enlarging the petitioner on bail at the stage where the trial is in progress will not only send a wrong signal to a society given the material on record at this stage, but also is likely to prejudice the trial.

In such circumstances, prayer for bail of the petitioner is rejected.

The application being CRM (M) 64 of 2026 is dismissed. (Debangsu Basak, J.)