Prabir Dutta v. State Of West Bengal

21.06.2022 tkm/ct 28 C.R.M. (DB) 1931 of 2022 sl no. 48 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Gopalnagar PS case no. 36/2022 dated 20.1.2022 under sections 376(2)(f)(i) IPC read with section 6 of the POCSO Act And In Re : Prabir Dutta ........ petitioner Mr. D Guha Mr. S D Roy ...... for the petitioner Ms. Faria Hossain Ms. Baisali Basu ...... for the State We have considered materials on record. Petitioner is the maternal uncle of the minor child. He had sexually abused her. Hesitance of the minor to come out with the allegations of sexual assault against a family member is understandable. Keeping in mind the aforesaid fact and considering the grave allegations against the petitioner, we are of the opinion this is not a fit case to grant bail to the petitioner.

Accordingly, the prayer for bail is rejected. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)