Rabi Roy @ Rabindra Roy @ Rabindra Nath Roy And ORS v. The State Of West Bengal And ANR

05.12.2024 SL No.20 s.biswas (Rejected) Calcutta High Court In The Circuit Bench at Jalpaiguri C.R.M. (DB) 659 of 2024 In Re: - An application for bail under Section 483 of the BNSS corresponding to Section 439 of the Cr.P.C. in connection with Dhupguri P.S. Case No. 447/2023 dated 22.08.2023 under Sections 376(3)/506 of the IPC read with Sections 6 of the POCSO Act.

And In the matter of: Rabi Roy @ Rabindra Roy @ Rabindra Nath Roy and others ....Petitioners Mr. Sandeep Dutta ... for the petitioners Mr. Anirban Banerjee Ms. Rishita Chakraborty ...for the de facto complainant Mr. Aditi Shankar Chakraborty, APP Dr. Arjun Chowdhury ...for the State

1. The petitioners pray for grant of bail on the ground of prolonged detention. It is submitted that charge-sheet was filed but charges have not yet been framed.

2. Learned advocate for the de facto complainant submits that the victim was 13 years old. She was repeatedly ravished by the petitioners. Following such incident, she conceived.

3. Learned counsel appearing on behalf of the state produces the case diary and opposes the prayer for bail and submits that a Co-ordinate Bench rejected the prayer for bail.

4. We have considered the nature of offence and materials in the case diary. The statement of the victim has also been considered. The DNA report is awaiting and the victim is yet

to be examined. Under such circumstances, we are not inclined to grant bail to the petitioners at this stage.

5. The application for bail is, thus, rejected. (Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)