Xxxx v. The State Of West Bengal And ANR

15.

24.12.2024 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3437 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Amdanga P.S. Case No. 534/2023 dated 17.9.2023.

And In the matter of: - XXX ...petitioner.

Mr. Angshuman Chakraborty Mr. S.S. Saha ...for the petitioner.

Mr. Prasun Kumar Dutta Ms. Mousumi Sarkar ...for the State.

Mr. Arpan Saha ...for the de facto complainant.

Dictated by Arijit Banerjee, J.

1. Fresh status report filed by the State in terms of this Court's direction recorded in the order dated December 19, 2024, be kept with the records.

2. It appears from the report that the prosecution has examined five witnesses and intends to examine seven more witnesses. It is stated in the report that the trial is expected to conclude within three months.

3. We have seen the deposition of the victim boy who was nine years of age at the time of the alleged incident. The nature of the crime is to say the least, heinous.

4. We are not inclined to allow the petitioner's prayer for bail, at this stage. Hence the prayer for bail is rejected. Signed By :

TANMOY GHOSH High Court of Calcutta 24 th of December 2024 04:46:23 PM

5. The application being CRM (DB) 3437 of 2024 is accordingly dismissed.

6. However, the petitioner may renew his prayer for bail after three months since the State has submitted that the trial is expected to be concluded within three months. (Arijit Banerjee, J.) (Partha Sarathi Sen, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 24 th of December 2024 04:46:23 PM