Niloy Das v. State Of West Bengal And ANR

25.07.2023.

22.

Ct.No.28 as (Rejected) C.R.M. (DB) 2726 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dhantala P. S. Case No.158 of 2023 dated 02.03.2023 under Sections 376/506 of the Indian Penal Code and Section 6 of the POCSO Act.

In the matter of : Niloy Das.

... Petitioner.

Mr. Prabir Majumder, Mr. S. Majumder.

...for the Petitioner.

Mr. Tanmoy Kr. Ghosh, ld. SGA, Ms. Pritha Paul.

...for the State.

Ms. Sananda Bhattacharyya.

...for the de-facto complainant.

Petitioner is in custody for 148 days. He submits he has been falsely implicated. He prays for bail.

Learned Advocate for the State opposes the bail prayer. Learned Advocate for the de-facto complainant submits petitioner is a married person and suppressing such status cohabitied with the minor.

We have considered the materials on record. Petitioner is a married person. He suppressed his marital status and cohabited with the minor. Victim is yet to be examined. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

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

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