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Calcutta High CourtCRM (DB)/3318/2022rejected

Sariful Haque 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) 3318 of 2022 sl no. s.l. 53 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Pukhuria Police Station Case No. 431/2016 dated 31.12.2016 under section 6 of the POCSO Act. And In Re : Sariful Haque ........ petitioner Ms. M Gomes ...... for the petitioner Mr. A A Siddique ...... for the State Petitioner is in custody for 49 days. He prays for bail. Learned lawyer for the State opposes the prayer for bail and submits the petitioner had been absconding for a protracted period of time.

We have considered the materials on record. Statements of witnesses show petitioner was present with co-accused when the minor victim was forcibly raped. He had absconded for a protracted period of time.

Under such circumstances, we are not inclined to grant bail to the petitioner.

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