Samir Das v. State Of West Bengal And ANR

25.07.2023.

21.

Ct.No.28 as (Rejected) C.R.M. (DB) 2708 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gobardanga P. S. Case No.276 of 2022 dated 04.10.2022 under Sections 363/365/376(3) of the Indian Penal Code read with Section 4 of the POCSO Act.

In the matter of : Samir Das.

... Petitioner.

Md. Yunush Mondal, Mr. Pronojit Roy.

...for the Petitioner.

Mr. Ranabir Roy Chowdhury, Mr. Sandip Chakrabarty.

...for the State.

Mr. Bibaswan Bhattacharya, Ms. Bindia Paul.

...for the de-facto complainant.

Petitioner submits there was a love affair between him and the victim girl. He has been falsely implicated. He prays for bail.

Learned Advocate for the State opposes the bail prayer. He submits victim had been detained at the residence of the petitioner and raped.

Learned Advocate for the de-facto complainant-victim submits his client is yet to be examined.

We have considered the materials on record. Vulnerable witness i.e. the victim is yet to be examined. Hence, we do not wish to enlarge the petitioner on bail at this stage. Accordingly, the prayer for bail of the petitioner is rejected.

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