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Calcutta High CourtCRM (DB)/2892/2022rejected

Mobarak Hossain @ Mobarak v. State Of West Bengal

2022-08-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay1 pages

29.08.2022.

27.

Ct.No.28 as (Rejected) C.R.M. (DB) 2892 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gazole P.S. Case No.470 of 2022 dated 17.06.2022 under Section 4 of the POCSO Act.

In the matter of : Mobarak Hossain @ Mobarak. ....Petitioner.

Ms. Minoti Gomes.

...for the Petitioner.

Mr. Joydeep Roy, Ms. Sujata Das.

...for the State.

Petitioner is in custody for 72 days. He submits he has been falsely implicated in the instant case.

Learned Advocate for the State opposes the prayer for bail. He submits victim is a minor.

We have considered the materials on record. Statement of the victim shows she was forcibly kidnapped and raped. In view of the aforesaid incriminating materials on record and gravity of the offence, we are not inclined to grant bail to the petitioner.

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

(Ananya Bandyopadhyay,J.) (Joymalya Bagchi, J.)