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Calcutta High CourtCRM (DB)/1271/2023rejected

Tapas Sardar @ Mal And ANR v. State Of West Bengal And ANR

2023-03-31Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

31.03.2023 sdas rejected C.R.M. (DB) No. 1271 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hogalberia Police Station Case No. 58 of 2022 dated 21.02.2022 under Section 376D of the Indian Penal Code read with Section 6 of the POCSO Act. And In Re : Tapas Sardar @ Mal & Anr. ..... petitioners Mr. Asraf Mandal ... for the petitioners Mr. Binay Panda Mr. Subham Kanti Bhakat ... for the State Heard the learned Counsels for the parties.

We have considered the materials on record. Minor victim was subjected to gang rape. Bail prayer of petitioner no. 2 was rejected earlier on merits. Petitioner no. 1 stands on the same footing with him. Minor victim has not yet been examined. Under such circumstances we are not inclined to grant bail to the petitioners at this stage.

The application for bail is, thus, rejected.

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