Md. Soyeb @ Soheb v. State Of West Bengal

07.04.2022 Serial no.93 [Dd] (Bail Rejected) CRM (DB) 851 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bhadreswar Police Station Case No. 481 of 2019 dated 31.12.2019 under Sections 376(2) (f)(i)/506 of the Indian Penal Code read with under Section 4 POCSO Act, 2012 -AndIn the matter of : Md. Soyeb @ Soheb ... ...Petitioner Mr. Arunava Ganguly, Mr. Piyas Chowdhury, Advocates ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Bibaswan Bhattacharya, Advocate ... ...For the State Petitioner renews the prayer for bail.

Learned advocate appearing for the petitioner submits that the period of detention should be considered as a ground for grant of bail.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code. The trial is in progress. The statement of the victim squarely implicates the petitioner.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that there is hardly any material change in circumstances subsequent to the earlier order of rejection, we are not inclined to grant bail to the petitioner.

Prayer for bail of the petitioner is rejected. CRM (DB) 851 of 2022 is dismissed.

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