Sushanta Debnath@Bura@Bijoy v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

Appellate Jurisdiction 07.06.2022 Serial no.19 [Dd] (Bail Rejected) CRM (DB) 147 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with New Jalpaiguri GRPS Police Station Case No. 37 of 2021 dated 16.12.2021 under Sections 6 of the Protection of Children from Sexual Offences Act and corresponding to POCSO case no. 151 of 2021.

-AndIn the matter of : Sushanta Debnath @ Bura @ Bijoy ... ...Petitioner Mr. Sudip Guha, Advocate ... ... For the Petitioner Mr. Abhijit Sarkar Mr. .Sagnik Sankar Sikdar, Advocates ... ...For the State Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody in excess of six months. Police filed charge sheet and, therefore, further detention is not required. He draws the attention of the Court to the fact that 8 persons were involved. The police filed charge sheet naming only 2 persons including the petitioner. The police are not proceeding against the 6 other persons involved. Out of the 2 person named in charge sheet, one is still absconding. There is hardly any prospect of the trial commencing let alone concluding any time soon. Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code and to her medical report.

The victim involved is about 17 years of age. In her statement recorded under Section 164 of the Criminal Procedure Code, she narrates an incident of 8 persons ravishing her.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (DB) 147 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)