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Calcutta High CourtCRM/5400/2021dismissed

Selim Sk v. State Of West Bengal

2021-09-14Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

27.

14-09-2021 (ct. no.32) debajyoti CRM 5400 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Khargram Police Station Case No.193 of 2021 dated 08-06-2021 under Sections 448/376/506 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act.

- A n d - In the matter of : Selim Sk.

.... Petitioner.

Mr. Milon Mukherjee, Mr. Rahul Ganguly ... For the Petitioner.

Mr. Binay Panda, Mr. Subham Bhakat, Ms. Puspita Saha ... For the State.

The allegation against the petitioner is under Sections 448/376/506 of the Indian Penal Code read with Section 4 of the POCSO Act.

The petitioner says that he has been in relationship with the victim girl for a long period of time. The physical relationship that he had with the victim girl was with her consent. He has been wrongly implicated in this case. We have seen the material in the Case Diary including the medical reports and the statements of various persons which corroborate each other. We are told that charge has been framed. September 23, 2021 has been fixed for recording of evidence.

Considering the material on record and the nature and gravity of the alleged offence, as also since trial is about to begin, we are not inclined to entertain the petitioner's prayer for bail at this stage.

The application for bail being CRM 5400 of 2021 is, thus, dismissed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )