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Calcutta High CourtCRM (DB)/1604/2022rejected

Ahamad Sardar v. State Of West Bengal

2022-06-14Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

14.06.2022 Sl. No.27 akd [Rejected] C. R. M. (DB) 1604 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 07.06.2022 in connection with Arambagh Police Station Case No. 88 dated 29.03.2022 under Section 376AB of the Indian Penal Code and Section 4(1) of the POCSO Act. And In Re: Ahamad Sardar ... ... Petitioner Mr. Niladri Sekhar Ghosh Ms. Srimoyee Mukherjee Mr. Sourov Mondal Mr. Sompurna Chatterjee ... ... for the petitioner Ms. Faria Hossain Ms. Baisali Basu ... ... for the State It is submitted on behalf of the petitioner that he is an octogenarian. It is further submitted out of prior enmity, petitioner has been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the victim girl which prima facie implicates the petitioner. Medical report also supports the allegations. In view of the aforesaid facts and the gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

The application for bail is thus rejected.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)