Biswajit Ghosh v. The State Of West Bengal And ANR

13.08.2024 Court No.1 SL No.17 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(DB) 297 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Jaigaon P.S. Case No.

of dated 21.10.2022 under Sections 363/354(c)/365/376D of the IPC.

And In the matter of: Biswajit Ghosh ....Petitioner.

Mr. Surojit Basu Mr. Ratan Chandra Roy Mr. Sayantan Bhowmik ...For the Petitioner.

Mr. Abhijit Sarkar Ms. Namrata Das ...For the State.

Ms. Swarnali Ghosh Ms. Angana Rakshit Ms. Rikta Sarkar ...For the de facto complainant.

1.

This is the third application for bail. The first application was rejected by a Coordinate Bench of this Court. The second application was withdrawn as not pressed.

2.

Bail is sought on the ground that there are no photographs or footage seized in respect of the allegation that the petitioner and the other co-accused have not only raped the petitioner but also circulated photographs of her on social media. The husband of the victim is also an accused.

3.

Learned counsel for the State opposes the prayer for bail and submits that the petitioner and the other co-accused persons are part of an international racket involving in trafficking girls, inter alia, from India.

4.

Having considered the statement of the victim under Section 164 of the CrPC and the fact that the petitioner and the co-accused threatened to kill the victim girl if she did not withdraw the complaint against them and as some of the accused are absconding and may have escaped away to Bangladesh and as the charges against the petitioner are serious, this Court is not inclined to grant bail to the petitioner at this stage.

5.

The application for bail is, thus, rejected.

(Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)