Calcutta High Court (Appellete Side)
Santi Rana @ Shanti Rana vs Unknown on 3 March, 2025
Author: Debangsu Basak
Bench: Debangsu Basak
03.03.2025
ML-14
Court No.26 CRM (DB) 4347 of 2024
(Bail Rejected)
(AD)
In re : An Application for Bail under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 earlier Section 439 of the Code
of Criminal Procedure, 1973 since repealed, in connection with
POCSO Case No.28 of 2024 arising out of Arambag Police
Station Case No.540 of 2024 dated 20.09.2024 under Sections
363/366/325/376(2)(n)(3)/506/34 of the Indian Penal Code,
1860 and Section 6(1) of POCSO Act, 2012 and Sections 9/10 of
the Prohibition of Child Marriage Act and Under Sections 66/67
of the Information Technology Act.
-And-
In the matter of : Santi Rana @ Shanti Rana
... ...Petitioner
Mr. Abhra Mukherjee, Advocate
Mr. Sauradeep Dutta, Advocate
Mr. Arpayan Mukherjee, Advocate
Mr. Himadree Ghosh, Advocate
... ... For the Petitioner
Mr. Joydeep Biswas, Advocate
Ms. Sana Naaz, Advocate
... ...For the State
1.Father of the principal accused is before us seeking bail.
2. Minor implicates the principal accused that is the son of the petitioner, the petitioner and the mother of the principal accused.
3. As against the principal accused, apart from physical torture, penetrative sexual assault is alleged. As against the parents of the principal accused, aiding and abetting the principal accused in commission of such crime is alleged. One of the allegations as against the principal accused apart from penetrative sexual assault is that the victim used to be inflicted cigarette burns on her body on her refusal to undergo sexual penetrative assault by the principal accused. 2
4. The mother of the principal accused is still absconding.
5. As against the petitioner before us as also the other co-
accused who is still absconding, the allegation is of aiding and abetting commission of such crime. Possibility of absconsion exists as the co-accused who is still absconding and the petitioner are husband and wife.
6. Considering the gravity of the offence, the involvement of the petitioner and that all the other co-accuseds who are still absconding, we are not inclined to grant bail to the petitioner.
7. Accordingly, the prayer for bail of the petitioner is rejected.
8. CRM (DB) 4347 of 2024 is dismissed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)