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Calcutta High CourtCRM (DB)/2986/2023rejected

Hasrat Ali v. State Of West Bengal And ANR

2023-08-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

11.08.2023.

12.

Ct.No.28 as (Rejected) C.R.M. (DB) 2986 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Rishra P. S. Case No.58 of 2023 dated 23.04.2023 under Sections 363/365 of the Indian Penal Code and Sections 4/8 of the POCSO Act. In the matter of : Hasrat Ali.

... Petitioner.

Mr. Brajesh Jha, Ms. Megha Datta.

...for the Petitioner.

Mr. S. S. Imam, Jr. Govt. Adv., Mr. R. Jana.

...for the State.

1.

Learned Advocate for the petitioner submits there was a love affair between the parties. He prays for bail. 2.

Learned Advocate for the State opposes the bail prayer. He submits petitioner had administered stupefying substance in the drink of the victim and raped her.

3.

We have considered the materials on record. Evidence of the minor victim implicates the petitioner in the crime. 4.

In view of the nature of offence, we are not inclined to grant bail to the petitioner at this stage.

5.

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

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)