Manik Roy v. State Of West Bengal

24.09.2021 Serial no. 4 Dd (Through Video Conference) CRM 6097 of 2021 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 27th August, 2021 in connection with Kaliyaganj Police Station Case No. 523 dated 30.12.2020 under Sections 376(2)(i)(j)(n), 511 of the Indian Penal Code and Sections8/9/12 POCSO Act, 2012. -AndIn the matter of : Manik Roy ... ...Petitioner Mr. Subhas Chandra Atha, Advocate ... ... For the Petitioner Ms. Zareen Khan, Ms. Sreeparna Das, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated by the de facto complainant. There is a long standing property dispute between the family of the de facto complainant and the petitioner. He submits that although one of the charge is under Section 376 of the Indian Penal Code, the victim did not undergo a medical test. He also submits that since the petitioner is in custody for about 260 days and the police submitted charge sheet further detention of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Criminal Procedure Code - one, of the victim girl and the other of the elder sister of the victim girl.

She submits that the victim girl was 5 years old at the time of incident while the sister was 9 years old.

Considering the two statements recorded under Section 164 of the Cr.P.C., we are not inclined to grant bail to the petitioner.

CRM 6097 of 2021 is dismissed.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)