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Calcutta High CourtCRM (DB)/3356/2023rejected

Mijan Sk @ Mijarul Sk v. State Of West Bengal And ANR

2023-09-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

12.09.2023.

26.

Ct.No.28 as (Rejected) C.R.M. (DB) 3356 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bhagwangola P.S. Case No.38 of 2023 dated 25.01.2023 under Sections 363/365 of the Indian Penal Code and Section 4 of the POCSO Act.

In the matter of : Mijan Sk @ Mijarul Sk.

... Petitioner.

Ms. Nasreen Islam.

...for the Petitioner.

Mr. Saibal Bapuli, ld. A.P.P., Mr. Bibaswan Bhattacharya.

...for the State.

Mr. Tanmay Basu.

...for the de-facto complainant.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Evidence of the minor girl is placed on record. Evidence shows petitioner had seduced her from the custody of her parents and detained her in a flat for a month at Shobhabazar.

3.

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

4.

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

5.

We request the trial court to expedite the trial as expeditiously as possible and conclude the same at an early date without granting unnecessary adjournment to either of the parties.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)