Ajit Paik v. State Of West Bengal

21.09.2022.

22.

Ct.No.28 as (Rejected) C.R.M. (DB) 3192 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Dholahat P.S. Case No.314 of 2022 dated 03.07.2022 under Section 376AB of the Indian Penal Code and Section 6 of the POCSO Act and charge sheet submitted under Section 376AB of the Indian Penal Code and Section 6 of the POCSO Act.

In the matter of : Ajit Paik.

... Petitioner.

Mr. Mrityunjoy Chatterjee, Mr. Debapriya Majumder, Md. S. Biswas.

...for the Petitioner.

Mr. Saswata Gopal Mukherjee, ld. P.P., Ms. Faria Hossain, Mr. Anand Keshari.

...for the State.

Petitioner is in custody for 74 days. He prays for bail. Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the minor victim. She has implicated the petitioner in the offence of penetrative sexual assault. Charge has already been framed and the date has been fixed for recording prosecution evidence.

Under such circumstances and in view of gravity of the offence and as vulnerable witness is yet to be examined, we are not inclined to grant bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner is rejected.

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