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Calcutta High CourtCRM (DB)/220/2024rejected

Nimai Mahanta @ Nimai Mahato v. State Of West Bengal And ANR

2024-01-25Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

25.01.2024.

33.

Ct.No.28 as (Rejected) C.R.M. (DB) 220 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Malda P.S. Case No.544 of 2023 dated 17.09.2023 under Sections 376AB/506 of the Indian Penal Code read with Section 6 of the POCSO Act.

In the matter of : Nimai Mahanta @ Nimai Mahato. ... Petitioner.

Mr. Kalidas Saha.

...for the Petitioner.

Mr. Binay Panda, Mr. Asif Dewan.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. A minor girl aged around seven years has been subjected to penetrative sexual assault.

3.

In view of gravity of the offence and as the victim and other vulnerable witnesses are yet to be examined, we are not inclined to grant bail to the petitioner at this stage. 4.

Accordingly, the prayer for bail of petitioner is rejected.

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