Sushanta Debnath@Susanta Debnath@Bura v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 31.08.2022. C.R.M. (DB) 306 of 2022

07. (Via Video Conference) Ct.No.28 as (Rejected) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection NJP GRPS Case No.37 of 2021 dated 16.12.2021 clubbed with NCBR GRPS Case No.16 of 2021 dated 01.11.2021 under Sections 6 of the POCSO Act.

In the matter of : Sushanta Debnath @ Susanta Debnath @ Bura.

... Petitioner.

Mr. Kumar Shantanu.

...for the Petitioner.

Mr. Aditi Shankar Chakraborty, ld. A.P.P., Mr. Ujjwal Luksom, Mr. Aniruddha Biswas.

...for the State.

Petitioner is in custody for 294 days. He submits he was not identified in the course of investigation. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record. Statement of the victim girl shows that she had been trafficked outside the State of West Bengal for sexual exploitation. Trial has not yet commenced and the issue of identification requires to be determined in the course of trial.

Keeping in mind the aforesaid circumstances and gravity of offence having social ramifications, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)