Gostho Bihari Kayal v. State Of West Bengal

23.03.2022 Serial no. 84 [G.S.D] CRM (DB) 412 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Dholahat P.S. No. 115 dated 8.4.19 corresponding to Special Case No. 14/2019, Special ST No. 33(8) 19, for commission of offence punishable under Section 6 of POCSO Act.

-AndIn the matter of : Gostho Bihari Kayal ... ... Petitioner Mr. Biplab Mitra Ms. Trina Mitra ... ... For the Petitioner Mr. P. K. Datta, Mr. Sanatanu Deb Roy, Advocates ... ...For the State Petitioner prays for bail.

Learned Advocate for the petitioner submits that the petitioner was falsely implicated.

Learned Advocate for the State draws the attention of the Court to the statement of victim recorded under Section 164 of the Cr.P.C. and to the injury report. He submits that the victim is 17-year-old and was ravished by a person who is 45-year-old.

Considering the gravity of the offence and the involvement of the petitioner as transpiring from the materials in the case diary and the statement of the victim recorded under Section 164 of the Cr.P.C. implicating the petitioner in the incident, we are not inclined to enlarge the petitioner on bail.

The prayer for bail of the petitioner is rejected. CRM (DB) 412 of 2022 is disposed of.

(Debangsu Basak, J.)

(Bibhas Ranjan De, J.)