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Calcutta High CourtCRM (DB)/1550/2023rejected

Potel Md. v. State Of West Bengal And ANR

2023-04-19Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

19.04.2023 tkm/ct 28 C.R.M. (DB) 1550 of 2023 sl no.41 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Raiganj PS case no. 378 of 2018 dated 4.7.2018 under sections 363/365/34 IPC adding section 376D IPC read with section 6 of the POCSO Act And In Re : Potel Md.

........ petitioner Mr. Ayan Basu Mr. Amit Roy Mr. S Routh ...... for the petitioner Mr. Shiladitya Banerjee ...... for the State Mr. Arnab Chatterjee Mr. J I Hossain ...... for the de facto complainant Heard learned lawyer for the parties.

We have considered the materials on record. Statement of the victim prima facie discloses role of the petitioner with others in kidnapping the victim and subjected her to penetrative sexual assault.

Keeping in mind the aforesaid materials and gravity of offence we are not inclined to grant bail to the petitioner. Accordingly, prayer of the bail is rejected.

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