Sanuyar Hossain @Sanuar Malitha v. State Of West Bengal And ORS.

10.04.2024 Sl. No.29 akd [Rejected] C. R. M. (DB) 1066 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 01.04.2024 in connection with Domkal Police Station Case No.274 of 2023 dated 29.04.2023 under Section 376D of the Indian Penal Code and Section 6 of the POCSO Act. And In Re: Sanuyar Hossain @ Sanuar Malitha ... ... Petitioner Mr. Golam Mostafa Mr. Samirul Sardar Mr. Arshad Hussain ... ... for the petitioner Mr. Anand Kesari Mr. Abhishek Verma ... ... for the State

1. Heard the learned Advocates appearing for both the parties.

2. We have considered the materials on record including the statement of the minor. Her statement implicates the petitioner and others in the offence of penetrative sexual assault. Co-accused who are on bail were children in conflict with law. Petitioner cannot claim parity with the said co-accused. Vulnerable witness is yet to be examined. Under such circumstances and the gravity of offence, we are not inclined to grant bail to the petitioner at this stage.

3. The application for bail is thus rejected. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 12 th of April 2024 04:25:36 PM