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Calcutta High CourtCRM/3780/2021rejected

Hasinur Alias Paddu Sk v. State Of West Bengal

2021-08-03Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

52.

03.08.2021 Ct.32 Tanmoy Dismissed C.R.M. 3780 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 25/05/2021 in connection with Mothabari Police Station Case No.

456/2020 dated 31/12/2020 under Section 6 of POCSO Act, 2012 (POCSO Case No. 02/2021).

And In the matter of: - Hasinur @ Paddu Sk ....petitioner.

Mr. Manas Kr. Das, Mr. Jakir Hossain ...for the petitioner.

Mr. Rana Mukherjee, A.P.P., Mrs. Sujata Das ...for the State.

The allegation against the petitioner is under Section 6 of the Protection of Children from Sexual Offences Act. Learned Counsel for the petitioner submits that there was a love afffair between the parties and the petitioner has been falsely implicated.

Learned Counsel for the State opposes the prayer for bail and refers to the statement of the victim under Section 164 of the Code of Criminal Procedure and also her medical reports. Having considered the material available in the Case Diary, particularly the statement of the victim under Section 164 of the Code and her medical reports, prima facie involvement of the petitioner in the alleged offence cannot be ruled out. As such, considering the nature and gravity of the offence we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the application for bail being C.R.M. 3780 of 2021 is dismissed.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)