Majnu Md v. State Of West Bengal

03.03.2022 Serial no.48 Aloke Ct. No. 29 CRM (DB) 596 of 2022 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 24.02.2022 in connection with Hemtabad Police Station Case No. 259 of 2020 dated 31.12.2020 under Sections 376(2)(f)/307/506 of the Indian Penal Code read with Section 6 of the POCSO Act.

-AndIn the matter of : Majnu Md.

... ...Petitioner Mr. Soham De Dhara, Advocate ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Dipankar Paramanick, Advocate ... ... For the State Petitioner seeks bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody in excess of 350 days. The petitioner was falsely implicated. He draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and to the medical report. Learned Advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. He draws the attention of the Court to the other materials in the case diary.

Considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and considering the gravity of the offence and the involvement of the petitioner therein , we are unable to grant bail to the petitioner. CRM (DB) 596 of 2022 is rejected.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)