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Calcutta High CourtCRM (DB)/102/2022rejected

Rejaul Islam @ Raju v. State Of West Bengal

2022-01-31Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

31.01.2022 Serial no.62 Aloke (Through Video Conference) Ct. No. 29 CRM (DB) 102 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 10.01.2022 in connection with Amdanga Police Station Case No. 236 dated 19.04.2020 under Section 376(2)(1)/376(3) of the Indian Penal Code and Section 6 of the POCSO Act. -AndIn the matter of : Rejaul Islam @ Raju ... ...Petitioner Mr. Sourav Mondal, Advocate ... ... For the Petitioner Ms. Zareen N. Khan, Advocate Mr. Ashok Das, Advocate ... ... For the State Petitioner renews the prayer for bail.

Learned Advocate appearing for the petitioner submits that the period of detention of the petitioner should be considered. Learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure of the victim. He submits that all the other co-accused are yet to be arrested. This is the third application for bail by the petitioner. The first application for bail being CRM 5067 of 2021 was rejected on October 5, 2021. There the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure was considered and finding was returned. Implicating the petitioner and other un-named persons. The second application for bail being CRM 5107 of 2021 was not pressed on November 17, 2021. There is hardly any change in circumstances subsequent to the initial order of rejection dated October 5, 2021. Consequently, CRM (DB) 102 of 2022 is rejected. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)