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Calcutta High CourtCRM (DB)/158/2023rejected

Saha Alam v. State Of West Bengal And ANR

2023-01-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

24.01.2023.

28.

Ct.No.28 as (Rejected) C.R.M. (DB) 158 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gurap P.S. Case No.65 of 2020 dated 31.05.2020 under Sections 376 AB (2) (n)/354(A) (i)(iii) of the Indian Penal Code and Sections 6 & 12 of the POCSO Act.

In the matter of : Saha Alam.

... Petitioner.

Mr. Pawan Gupta, Mr. B. Mallick, Ms. Shikha P. Chowdhury.

...for the Petitioner.

Mr. Debabrata Chatterjee, ld. A.P.P., Mr. Santanu Chatterjee.

...for the State.

Petitioner is in custody for more than two years. He submits he has been falsely implicated in the instant case. He prays for bail.

Pursuant to notice survivor is present along with her guardian.

We have considered the evidence on record. Survivor has implicated the petitioner in the crime. Her version is corroborated by medical evidence.

In view of the aforesaid incriminating materials on record and the gravity of offence, we are not inclined to grant bail to the petitioner.

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

We request the trial court to conclude the trial as expeditiously as possible preferably within six months from the next date fixed for recording evidence without granting any unnecessary adjournments to either of the parties. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)