Sk. Tauifik Ali @ Toufik Ali v. State Of West Bengal And ORS.

C.R.M. (DB) 709 of 2022 14.03.2022 Sl. 67 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 09.03.2022 in connection with Shyampur P.S. Case No. 227 of 2021 dated 12.06.2021 under Section 363/376(3)/506/34 of the Indian Penal Code and Section 6 of the POCSO Act And In the matter of: Sk. Taifik Ali @ Toufik Ali ....petitioner.

Mr. Krishan Ray Mr. Anindya Ghosh Mr. Pronojit Roy ...for the petitioner.

Mr. Tanmoy Kumar Ghosh Mr. Arindam Sen ...for the State.

Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 252 days. He submits that the charge-sheet against the petitioner is not under provisions of the POCSO Act. Two other co-accused were granted anticipatory bail by this Hon'ble Court.

Learned advocate appearing for the State submits that the petitioner is not standing in the same footing as that of the other co-accused were granted anticipatory bail. They were not named in the Statement of the victim recorded under Section 164 of the Criminal Procedure Code. The petitioner along with two others are named in the statement of the victim recorded under Section 164 of the Criminal Procedure Code.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the statement of the victim recorded under Section 164 of the Criminal Procedure Code, we are unable to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner is rejected.

C.R.M. (DB) 709 of 2022 is dismissed.

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