Rajdip Biswas @ Taheru @ Rajp Biswas @ Rajib Biswas v. The State Of West Bengal And ANR
CIRCUIT BENCH OF CALCUTTA HIGH COURT 29.04.2024 AT JALPAIGURI Court No.01 Item No. 27 Rejected sg CRM (DB) 184 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 943 of 2023 dated 30.12.2023 under Section 6 of the POCSO.
And In Re: Rajdip Biswas @ Teheru @ Rajp Biswas @ Rajib Biswas Petitioner Mr. Sandip Kumar Guha, For the Petitioner Mr. Nilay Chakraborty, ld. APP Ms. Sukanya Adhikary, For the State
1. We have heard the learned Counsel for the parties.
2. We have also perused the materials available in the case diary including the statement of the mother of the victim girl as recorded under Section 164 of the Criminal Procedure Code as well the medical examination report.
3. In view of the presence of sufficient incriminating materials as against the present accused petitioner in the CD, we are not inclined to exercise our discretion under Section 439 of Code of Criminal Proceeding at this stage.
4. The prayer for bail of the petitioner is rejected. CRM (DB) 184 of 2024 is, accordingly, dismissed.
(Soumen Sen, J.) (Partha Sarathi Sen, J.)