Ashim Sk. Alias Wasim Sk. v. State Of West Bengal And ANR

28.03.2023 sdas rejected C.R.M. (DB) No. 1010 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Berhampore Police Station Case No. 1380 of 2022 dated 17.10.2022 under Sections 448/376/506 of the Indian Penal Code and Section 4 of the POCSO Act.

And In Re : Ashim Sk. @ Wasim Sk. ...... petitioner Mr. Arnab Chatterjee Ms. Poulami Bose Ms. Dhanasree Biswas ... for the petitioner Mr. Tanmoy Kr. Ghosh Ms. Sonali Bhar ... for the State Let affidavit-of-service filed in Court be placed on record. Nobody appears for the victim.

We have considered the materials on record. Victim is a minor. She alleges she was forcibly raped by the petitioner. On the other hand, petitioner disputes the paternity of the child. Such plea requires to be assessed in the course of trial. Under such circumstances and in view of gravity of the offence, we are not inclined to grant bail to the petitioner. The application for bail is, thus, rejected.

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