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Calcutta High CourtCRM (DB)/2227/2022rejected

Abhay Mandal @ Biswajit @ Avei v. State Of West Bengal

2022-07-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

12.07.2022 Sl. No.29 akd [Rejected] C. R. M. (DB) 2227 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 04.07.2022 in connection with English Bazar Police Station Case No. 536 of 2022 dated 05.04.2022 under Sections 363/365 of the Indian Penal Code read with Section 6 of the POCSO Act.

And In Re: Abhay Mandal @ Biswajit @ Avei ... ... Petitioner Md. Sabir Ahmed Mr. Shraman Sarkar ... ... for the petitioner Mr. Joydeep Roy Mr. Amanul Islam ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 94 days. It is further submitted there was a love affair between the parties and petitioner has been falsely implicated in the instant case. Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Statement of the minor victim show petitioner is a married person and forcibly cohabited with her. In view of the aforesaid facts, we are of the opinion this is not a fit case to grant bail to the petitioner at this stage. The application for bail is thus rejected.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)