← Library
Calcutta High CourtCRM (DB)/150/2023rejected

Samim Mia @ Samim Aktar v. State Of West Bengal And ANR

2023-01-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

16.01.2023.

43.

Ct.No.28 as (Rejected) C.R.M. (DB) 150 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar Women P.S. Case No.243 of 2021 dated 10.12.2021 under Sections 6/17 of the POCSO Act read with Section 120B/506 of the Indian Penal Code.

In the matter of : Samim Mia @ Samim Aktar.

... Petitioner.

Mr. Avinaba Patra, Mr. Partha Sarathi Das.

...for the Petitioner.

Mr. Shiladitya Banerjee.

...for the State.

Petitioner is in custody for about 224 days. It is submitted he is not the principal accused. He prays for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the minor victim. Petitioner had aided and abetted the commission of crime. Date has been fixed for recording evidence of minor.

Under such circumstances, we are not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)