Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri
31.01.2025.
16. as (Rejected) C.R.M. (DB) 672 of 2024 with CRAN 1 of 2025
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Matelli P.S. Case No.115 of 2023 dated 02.07.2023 under Sections 6/17 of POCSO Act read with Sections 341/342/384/120B/323/34 of the Indian Penal Code.
In the matter of : Bishal Kharia. … Petitioner. Mr. Anirban Banerjee. ...for the Petitioner. Mr. Aditi Shankar Chakraborty, Ld. A.P.P., Mr. Aniruddha Biswas. …for the State.
Re: CRAN 1 of 2025.
1. Having considered the averments made in the application being CRAN 1 of 2025, order dated 03.01.2025 is recalled. The application is restored to its original file and number.
2. Application being CRAN 1 of 2025 is disposed of.
Re: CRM (A) 672 of 2024.
3. Petitioner contends victim has not named him in statement before Magistrate. Accordingly, he prays for bail.
4. Learned Advocate for the State opposes the prayer for bail. He submits trial is in progress.
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5. We have considered the materials on record. Case involves gang rape of the victim. Trial is in progress. Vulnerable witness is yet to be examined.
6. Under such circumstances, we are not inclined to grant bail to the petitioner.
7. Accordingly, the prayer for bail of the petitioner is rejected.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)