Monoj Bouri v. State Of West Bengal

12.08.2022 Sl. No.18 akd [Rejected] C. R. M. (DB) 2691 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.08.2022 in connection with Raghunathpur (W) Police Station Case No. 9 of 2022 dated 18.04.2022 under Sections 8/6 of the POCSO Act read with Section 313 of the Indian Penal Code. And In Re: Monoj Bouri ... ... Petitioner Mr. Chitta Ranjan Chakraborty Mr. Dipjyoti Chakraborty Mr. Sumit Banerjee ... ... for the petitioner Mr. Prasun Kumar Datta .. ld. Addl. Public Prosecutor Mr. Santanu Deb Roy ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 117 days. It is further submitted petitioner is not the principal accused.

Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record including the statement of the victim girl. From her statement it appears that the petitioner had initially subjected her to sexual assault and thereafter, coaccused viz. Biswarup Bouri subjected her to penetrative sexual assault. In view of the role played by the petitioner in the alleged crime, 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.)