Safikul Islam v. State Of West Bengal

56.

26.08.2021 Ct.32 Tanmoy Rejected C.R.M. 4458 of 2021 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 01/07/2021 arising out of Asansol Women Police Station Case No.

of dated 11/07/2020 under Sections 354/354B/354C/376/120B/109 of the Indian Penal Code read with Sections 4/6/17 of the POCSO Act.

And In the matter of: - Safikul Islam ....petitioner.

Mr. Anisur Rahman ...for the petitioner.

Mr. S. G. Mukherji, Ld. P.P., Ms. Faria Hossain, Ms. Sonali Das ...for the State.

The petitioner renews his prayer for bail which was rejected by a co-ordinate Bench of this Court as recently as on March 25, 2021 in C.R.M. 1269 of 2021.

The petitioner is the brother-in-law (husband's brother) of the victim girl. It is alleged that the victim is a minor. The petitioner says that he has been falsely implicated. He has no role to play in the alleged offence. We have seen the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure. The same prima facie incriminates the petitioner.

Although, the petitioner may be in custody for about one year, in view of the nature of the allegations and the material on record and also in view of the recent rejection of his prayer for bail, there being no significant change of circumstances

thereafter, we are not inclined to allow the petitioner's prayer for bail at this stage.

Accordingly, the application for bail being C.R.M. 4458 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.)