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Calcutta High CourtCRM/3078/2021rejected

Arpita Majumdar v. State Of West Bengal

2021-07-06Hon'Ble Justice Harish Tandon,Hon'Ble Justice Subhasis Dasgupta2 pages

06.07.2021. (Via Video Conference) Item No.104 (Rejected) saswata/ab C.R.M. 3078 of 2021 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 26.03.2021 in connection with Thakurpukur P.S. Case No. 236 of 2019 dated 01.11.2019 for committing offence punishable under Sections 120B/366A/370/372/373 of the Indian Penal Code and Sections 4/17 of the POCSO Act and Sections 3/4/5/6/7/18 of the Immoral Traffic (Prevention) Act.

And In the matter of : Arpita Majumdar ... petitioner.

Mr. Avik Ghatak, Mr. Indrajeet Dey Ms. Rajyashree Mukherjee Mr. Saurav Chatterjee ...For the petitioner.

Mr. N. Ahmed Mr. Md. Anwar Hossain Ms. Trina Mitra ...For the State.

This is an application for bail in connection with Thakurpukur Police Station Case No. 236 of 2019 dated 01.11.2019 for committing offence punishable under Sections 120B/366A/370/372/373 of the Indian Penal Code and Sections 4/17 of the POCSO Act and Sections 3/4/5/6/7/18 of the Immoral Traffic (Prevention) Act at the behest of the petitioner.

According to the petitioner, she has been falsely implicated in connection with the instant case and is in custody for nearly 613 days.

The State opposes the prayer for bail.

Our attention is drawn to the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, disclosing the role of the petitioner to the alleged commission of offence.

After hearing the respective counsels and on perusal of the statement of the minor victim girl recorded under Section

164 of the Code of Criminal Procedure, we do not think that it is a fit case where the petitioner should be enlarged on bail. The application for bail being CRM 3078 of 2021 is rejected.

(Harish Tandon, J.) (Subhasis Dasgupta, J.)