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Calcutta High CourtCRM (DB)/3302/2022rejected

Nayan Saha @ Kalu v. State Of West Bengal

2022-09-28Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

28.09.2022 tkm/ct 28 C.R.M. (DB) 3302 of 2022 sl no. s.l. 37 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Gazole Police Station Case No. 01/2022 dated 01.01.2022 under sections 302/201 of IPC and Section 6 of the POCSO Act.

And In Re : Nayan Saha @ Kalu ........ petitioner Mr. Arup Kumar Bhowmick ...... for the petitioner Mr. Arijit Ganguly Mr. S. K. Dan ...... for the State Petitioner renews his prayer for bail. He submits there is no direct evidence connecting the petitioner with the crime. Learned lawyer for the State opposes the prayer for bail and submits the petitioner had a relationship with the minor girl. He was seen following her. Soon thereafter, her dead body was recovered.

We have considered the materials on record. Statements of witnesses show petitioner was following the victim prior to the incident. Thereafter, body of the victim was recovered. Postmortem report shows she was ravished and murdered. In view of the aforesaid incriminating circumstances and gravity of offence, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)