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Calcutta High CourtCRM (DB)/2627/2024rejected

Bijoy Sarkar v. The State Of West Bengal And ANR

2024-09-06Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Prasenjit Biswas1 pages

06-09-2024 (ct. no.28) KOLE CRM (DB) 2627 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 694 of 2024 dated 29.05.2024 under Sections 341/376AB of the Indian Penal Code and Section 6 of the POCSO Act. - A n d - In the matter of : Bijoy Sarkar .... Petitioner.

Mrs. Sananda Bhattacharyya, ... For the Petitioner.

Mr. Sandip Chakraborty, Mr. Karan Bapuli, ... For the State.

Order dictated by Arijit Banerjee, J.:

1.

The petitioner says that he is in custody for 100 days. He has been falsely implicated. He has no role to play in the alleged offence. He prays for bail.

2.

We have seen the statement of the victim girl, three years old at the time of the incident and her mother, recorded under Section 164 Cr. P. C. Both the statements prima facie implicate the petitioner. The medical report also supports the prosecution case. It records that there has been sexual interference with the three year old child.

3.

In view of the prima facie incriminating material against the petitioner, we are not inclined to enlarge the petitioner on bail. 4.

CRM (DB) 2627 of 2024 is, thus, dismissed.

5. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Prasenjit Biswas, J. ) ( Arijit Banerjee, J. )