Ganesh Karmakar And ANR v. The State Of West Bengal And ANR
24-06-2024 (ct. no.28) KOLE CRM (DB) 1653 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Saltora Police Station Case No. 05 of 2024 dated 17.01.2024 under Sections 376(D)/511 of the Indian Penal Code read with Sections 6/18 of the POCSO. - A n d - In the matter of : Ganesh Karmakar & Anr.
.... Petitioners.
Mr. Soumik Ganguly, ... For the Petitioners.
Mr. Abhishek Sinha, Ms. A. Paul, ... For the State.
There are two victim girls in this case. One is a major and one is a minor. The allegation is of attempted gang rape and also under Sections 6/18 of the POCSO Act in so far as the minor victim girl is concerned.
The petitioners say that they have been farmed. There are inconsistent statements recorded by the witnesses. The medical report does not support the allegation.
We have seen the material in the case diary including the statements of the victim girls recorded under Section 164 of the Code of Criminal Procedure. We have also seen the medical report. Prima facie the material that we have seen implicates the petitioners herein.
In view of the aforesaid, we are not inclined to entertain the prayer for bail at this stage.
CRM (DB) 1653 of 2024 is, thus, dismissed.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )