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Calcutta High CourtCRM (DB)/3332/2022rejected

Chand Bauri v. State Of West Bengal

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

28.09.2022 Supple. 64 sdas rejected C.R.M.(DB) No. 3332 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Md. Bazar Police Station Case No. 88 of 2022 dated 01.04.2022 under Sections 376(2)(n)(3)/506 of the Indian Penal Code and under Sections 4/6 of the POCSO Act.

And In Re : Chand Bauri .... petitioner Mr. Sujoy Sarkar ....for the petitioner Mr. S. S. Imam Mr. Arabinda Manna ...... for the State Learned Counsel appearing for the petitioner submits he is in custody for 181 days. It is further submitted there was a relationship between the petitioner and the victim girl. He prays for bail.

Learned Counsel appearing for the State opposes the prayer for bail and submits victim is a minor and was ravished. She had become pregnant.

We have considered the materials on record. Statement of the victim shows that victim was forcibly ravished by the petitioner. She is a minor.

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

The application for bail is, thus, rejected.

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