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2023 Supreme(Cal) 1156

HARISH TANDON, BISWAROOP CHOWDHURY
Bishnu Kirtoniya @ Kirtonia – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Jaydeep Kanta Bhowmik, Adv., Mr. Dipankar Deb, Adv., Mr. Sayantan Bhowmik, Adv., Ms. Rikta Sarkar, Adv.
For the Respondent: Mr. Aditi Shankar Chakraborty, Ld. APP, Mr. Ujjal Luksom, Adv., Mr. Sagnik Sankar Sikdar, Adv.

JUDGMENT :

Biswaroop Chowdhury, J.

1. This is an application under Section 439 of the Code of Criminal Procedure filed by the petitioner who is in custody from 07/10/2022 in connection with Mekhliganj P.S. Case No – 333 of 2022 dated 06.10.2022 under Sections 363/365/34 of the Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences Act 2012.

2. It is the contention of the petitioner that there is no iota of evidence to corroborate impugned claim of the defacto complainant. It is further contended that he is in custody for a protracted period as an under trial prisoner and without any contribution from his end and in this case charge sheet has been filed and there is no possibility of immediate conclusion of the case. It is also contended that the alleged Victim Girl had romantic relationship but the father of the said Victim Girl was against the said relationship.

3. Learned Advocate appearing for the state objects the grant of bail. Heard Learned Advocate for the petitioner and Learned Advocate appearing for the state perused the petition filed and materials in the case diary.

4. Upon perusing the materials in the case diary it appears that the case was

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