Raju Biswas v. The State Of West Bengal And ANR

03.09.2025 Sl. no. 55 Ct. No. 03 KAUSHIK REJECTED

IN THE CIRCUIT BENCH CALCUTTA HIGH COURT

AT JALPAIGURI C.R.M. (M) 206 OF 2025 In re : An application for bail under Section 483 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ghoksadanga Police Station Case No. 239 of 2025 dated 03.05.2025 under Sections 137(2)/140(3)/49 of BNS, 2023 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

and In the matter of : Raju Biswas.

... petitioner Mr. Hillol Saha Podder.

.....for the Petitioner.

Mr. Niloy Chakraborty Mr. Saikat Chatterjee ... for the State Affidavit of service filed be taken on record. Learned counsel for the petitioner submits that in the First Information Report (FIR), there is only allegation of kidnapping. Learned counsel further submits that charge-sheet has also been filed and petitioner may be admitted to bail.

Learned counsel for the state has opposed the bail application. Learned counsel further submits that in the statement of the victim before police there are specific allegations of sexual assault.

The Court has gone through the statement of the victim with the help of the learned counsel for the

parties being in vernacular language. There is a specific allegation of sexual penetrative assault. The statement of the victim has not yet been recorded in Court.

Taking into account the facts and circumstances of this case and the seriousness of the offence, the petitioner is not entitled to grant bail at this stage.

The application for bail is, thus, rejected.

The petitioner is at liberty to approach before the Court after the evidence of the victim is recorded in Court.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities. (Dinesh Kumar Sharma, J.)