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Calcutta High CourtCRM (DB)/2369/2022rejected

Rabiul Sk. v. State Of West Bengal

2022-07-19Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

19.07.2022 cm/ct 28 C.R.M. (DB) 2369 of 2022 sl. no. 24 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kandi P.S Case No. 649 of 2021 dated 05.12.2021 under Sections 363/365 of the Indian Penal Code after investigation Charge Charge Sheet has been submitted being No. 21/2022 dated 31.01.2022 under Sections 363/365/34/376(1) of the Indian Penal Code and Section 6 (i) of the Protection of Children from Sexual Offences Act, 2012.

Rejected And In Re : Rabiul Sk.

..... petitioner Ms. Minoti Gomes Md. Hafiz Ali ...... for the petitioner Mr. Zareen N. Khan Mr. Arup Sarkar ...... for the State Petitioner renews his prayer for bail. He is in custody for 126 days. He prays for bail.

Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record including statement of the victim girl recorded under Section 164 Cr.P.C. From her statement it appears petitioner had kidnapped and taken her to a different State.

In view of aforesaid incriminating materials and gravity of the offence, we are not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected at this stage.

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