Abhijit Dhar Alias Poku Alias Patai v. State Of West Bengal And ANR

27.03.2023 Sl. No.37 akd [Rejected] C. R. M. (DB) 968 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.02.2023 in connection with Pandua Police Station Case No.462 of 2022 dated 06.10.2022 under Section 376AB of the Indian Penal Code read with Section 6 of the POCSO Act. And In Re: Abhijit Dhar @ Poku @ Patai ... ... Petitioner Md. Sabir Ahmed Mr. Suman Chakraborty Ms. Suman Biswas ... ... for the petitioner Mr. Gaganjyot Singh Sk. Sahid Hossain ... ... for the de-facto complainant Mr. Tanmoy Kr. Ghosh Mr. Arindam Sen ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 100 days. It is further submitted there is dichotomy in the statement of the minor with other evidence including the medical evidence.

Learned Advocate for the State opposes the prayer for bail. Learned Advocate for the de-facto complainant also opposes the prayer for bail.

We have considered the materials on record. Statement of the minor shows petitioner had disrobed her and did 'bad thing' to her. Euphemistic expression with regard to penetrative sexual assault in her statement and other documents cannot be a ground to exonerate the petitioner. In view of the aforesaid incriminating materials, we are not inclined to grant bail to the petitioner at this stage. The application for bail is thus rejected.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)