Manab Das v. State Of West Bengal
15.02.2023 as/tkm/ct 28 C.R.M. (DB) 358 of 2023 sl no.42 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Nabadwip P.S case no. 523 of 2022 dated 28.10.2022 under section 376AB IPC read with section 6 of the POCSO Act And In Re : Manab Das ........ petitioner Mr. Tapodit Gupta ...... for the petitioner Mr. Debabrata Chatterjee Ms. Mausumi Sarkar ...... for the State Heard learned lawyers for the parties.
We have considered the materials on record. Statement of the minor recorded under section 164 Cr.P.C implicates the petitioner in the offence of penetrative sexual assault. Bail prayer of the petitioner has been opposed not only by the State but also on behalf of the minor.
In view of the aforesaid materials on record and the gravity of offence, we are not inclined to grant bail to the petitioner. Accordingly, prayer for bail is rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)