Sharuk @ Sk. Musaraf v. State Of West Bengal

11.08.2022 cm/ct 28 C.R.M. (DB) No. 2665 of 2022 sl. no. 14 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Tamluk P.S Case No. 480/2022 dated 07.06.2022 under Sections 376(3)/354(c)of the Indian Penal Code and Sections 4/6/15 Protection of Children from Sexual Offences Act. Rejected And In Re : Sharuk @ Sk. Musaraf ..... petitioner.

Mr. Amal Krishna Samanta ...... for the petitioner.

Ms. Faria Hossain Mr. Anand Keshari ...... for the State.

Petitioner is in custody for 64 days. He prays for bail. Learned lawyer for the State opposes the prayer for bail. He submits victim is a minor girl and was sexually exploited. We have considered the materials on record including statement of the victim girl. From her statement it appears that she had been taken to a hotel and subjected to penetrative sexual assault by the petitioner. Her objectionable pictures were taken and she was blackmailed. Electronic evidence corroborating her statement has also been collected during investigation. In view of the aforesaid incriminating materials and the gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail of the petitioner is rejected. ( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)