Kuddus Ali v. The State Of West Bengal

09.06.2022 CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

Ct. No. 01 APPELLATE JURISDICTION KAUSHIK REJECTED C.R.M. (DB) 184 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dinhata Police Station Case No. 338 of 2021 dated 23.06.2021 under Sections 363/365 of the Indian Penal Code and adding Section 6 of the Protection of Children from Sexual Offences Act, 2012. And In Re : Kuddus Ali ...... petitioner Mr. Hillol Saha Poddar Ms. Mousumi Das ....for the petitioner Mr. Aditi Shankar Chakraborty, ld. APP Mr. Biswarup Roy ....for the State Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that, the petitioner is in custody for 336 days. Initially, the victim refused to undergo medical examination. Thereafter, she went for medical examination after a considerable period of time. He draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.).

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) and to the medical examination of her.

Considering the 164 Cr.P.C. statement of the victim and her medical examination report, we are unable to grant bail to the petitioner.

In such circumstances, prayer for bail of the petitioner is rejected and the application being CRM (DB) 184 of 2022 is dismissed.

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