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Calcutta High CourtCRM (DB)/2269/2023rejected

Sagar Das @ Chattu v. State Of West Bengal

2023-06-16Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen1 pages

16.06.2023 Sl. 30 Court No.29 sdas (Rejected) C.R.M. (DB) 2269 of 2023 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in arising out of Narendrapur P. S. Case No. 1098 of 2021 dated 08.09.2021 under Sections 342/376(3) of the Indian Penal Code read with Section 4 of the POCSO Act. And In the matter of: Sagar Das @ Chattu ....petitioner Ms. Oindrila Ghosh ...for the petitioner.

Mr. Sudip Ghosh Mr. Koushik Kundu ...for the State.

1. Let affidavit-of-service filed in Court be taken on record.

2. Heard the learned Counsel for the parties.

3. Considered the materials placed by the learned Counsel for the parties and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure who is aged about 13 to 14 years.

4. In view of seriousness and gravity of the offence and the punishment prescribed for the same, we are not inclined to exercise our discretion in favour of the petitioner at this stage.

5. Accordingly, the prayer for bail of the petitioner is rejected.

6. CRM (DB) 2269 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)