Nairul Sk v. Central Bureau Of Investigation And ANR

19.01.2023 tkm/ct 28 C.R.M. (DB) 239 of 2023 sl no.42 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nabagram Police Station Case No. 114 of 2021 dated 10.5.2021 under Sections 376D/506/34 IPC and sections 4/6/8 POCSO Act And In Re : Nairul Sk ........ petitioner Mr. P K Chatterjee ...... for the petitioner Mr. Dhiraj Trivedi, ld. DASGI Mr. Amajit De ...... for the CBI Petitioner is in custody for 618 days. Co-accused is on bail. He prays for bail.

Learned lawyer for the CBI opposes the bail prayer and submits petitioner does not stand on the same footing with coaccused who is on bail. He was identified in the course of TI parade.

We have considered the materials on record. The case involves gang rape of a minor. Petitioner was identified as one of the miscreants in the TI parade. Co-accused who was on bail had not been so identified. Trial is in progress and vulnerable witness is yet to be examined. Hence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail is rejected. Prosecution shall ensure that the victim be examined at the earliest.

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