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Calcutta High CourtCRM (DB)/3285/2022rejected

Sk Imroj Mallick@Sain Mallick v. State Of West Bengal And ANR

2022-09-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

28.09.2022.

42.

Ct.No.28 as (Rejected) C.R.M. (DB) 3285 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Amta P.S. Case No. 25/2022 dated 03.02.2022 under Sections 376(3)/306/511 of the Indian Penal Code and Section 4 of the POCSO Act, 2012.

In the matter of : Sk. Imroj Mallick @ Sain Mallick ... Petitioner.

Mr. Maidul Islam Kayal ...for the Petitioner.

Ms. Zareen N. Khan Md. Kutubuddin ...for the State.

It is contended by the petitioner that there is no injury on the body of the victim. There was a love affair between the parties. He prays for bail.

Learned advocated for the State opposes the prayer for bail.

We have considered the materials on record.

Statement of the minor victim shows that she was forcibly ravished. Absence of injuries per se does not improvise the allegation of forcible rape.

In view of the aforesaid facts 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.

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