Arun Malik v. State Of West Bengal And ANR

13.01.2023 tkm/ct 28 C.R.M. (DB) 132 of 2023 sl no.53 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Haripal Police Station Case No. 215 of 2022 dated 30.8.2022 under Sections 366/376(3)/376(2)(n) of the IPC, section 6(1) of the POCSO Act and sections 9/10 of the Prohibition of Child Marriage Act And In Re : Arun Malik ........ petitioner Mr. D K Sharma ...... for the petitioner Ms. Faria Hossain Mr. Anand Keshari ...... for the State Petitioner is in custody for 122 days. It is submitted he has been falsely implicated in the instant case. He prays for bail. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Statement of the victim girl recorded on 5.9.2022 implicates the petitioner in the crime.

Keeping in mind the aforesaid incriminating materials and gravity of offence we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)