Dinesh Roy v. The State Of West Bengal And ANR

CIRCUIT BENCH OF CALCUTTA HIGH COURT 29.04.2024 AT JALPAIGURI Court No.01 Item No. 34 ar CRM (DB) 201 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Falakata Police Station Case No. 567 of 2019 dated 08.10.2019 under Sections 376(AB)/302/34 of the Indian Penal Code read with Section 6 of POCSO Act, 2012.

And In Re: Dinesh Roy Petitioner Mr. Sayam De Mr. Sampad Das Ms. Esha Acharya For the petitioner Mr. Sourav Ganguly Mr. Sanjib Das For the State

1. Affidavit of service filed in Court is taken on record.

2. Heard.

3. Learned counsel for the State opposes the prayer for bail.

4. We have considered the materials available in the case diary. There are statements to that effect that the present accused petitioner and the other two accused petitioners repeatedly raped the victim and made her pregnant.

5. Considering the seriousness of the crime, we are not inclined to exercise our discretion under Section 439 Cr.P.C in favour of the present petitioner especially when the evidence of the victim has not yet been recorded.

6. Accordingly, the prayer for bail of the petitioner stands rejected.

7. CRM (DB) 201 of 2024 is accordingly, disposed of.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Partha Sarathi Sen, J)