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Calcutta High CourtCRM (DB)/2369/2023rejected

Ranjit Bag v. State Of West Bengal And ANR

2023-07-03Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

03.07.2023 D/L 60 Ct. No.28 Rejected (SKB) CRM (DB) 2369 of 2023 In Re:- An application for bail under section 439 of the Code of Criminal Procedure in connection with Polba Police Station Case No.92 of 2023 dated 09.04.2023 under Sections 376D/328 of the Indian Penal Code read with Section 6(1) of the POCSO Act And In the matter of : Ranjit Bag ... Petitioner Mr. Ansuman Bera ... for the petitioner Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ... for the State Mr. Muhamma O Baid ... for the O.P. No.2 The petitioner submits he is not the principal accused. He has been falsely implicated as he is a friend of the said principal accused.

Learned advocate for the State opposes the prayer for bail.

Opposite party no.2 also opposes the prayer for bail. The statement of the minor victim recorded under Section 164 of the Cr.P.C shows that the petitioner was present with the principal accused at the time of rape. In view of the aforesaid incriminating circumstances and gravity of offence, we are not inclined to grant bail to the petitioner.

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

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)