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Calcutta High CourtCRM (DB)/3638/2022rejected

Somnath Chakraborty v. State Of West Bengal

2022-10-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Ajay Kumar Gupta2 pages

18.10.2022.

Ct.No.29.

AGM/AN (Rejected) C.R.M. (D.B) 3638 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Spl 136/21 arising out of Sonarpur Police Station Case No. 720 of 2021 dated 28.08.2021 under Sections 377/323/506 of the Indian Penal Code and Section 6 of the POCSO Act 2012.

In the matter of : Somnath Chakraborty .... Petitioner.

Mr. Angshuman Chakraborty, Mr. Shashanka Sekhar Saha, ...for the Petitioner.

Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee, ... for the State.

Petitioner prays for bail.

Learned advocate appearing for the petitioner submits that the police filed charge sheet.

The petitioner received a copy of the statement recorded under Section 164 of the Code of Criminal Procedure. He refers to such statement and submits that the principal accused in the case is one Tarak and not the petitioner. Learned counsel for the State draws the attention of this Court to one of the victims who recorded statement under Section 164 of the Code of Criminal Procedure. The statement of the victim which the learned counsel for the State relies upon, implicates the petitioner in the offence

alleged. Moreover, the petitioner is in charge of the home where the inmates were being apparently sexually exploited. Considering the gravity of the offence and the involvement of the petitioner therein as found from the case diary, we are unable to enlarge the petitioner on bail.

Thus, the prayer for bail is rejected.

C.R.M. 3638 of 2022 is disposed of.

(Debangsu Basak, J.) (Ajay Kumar Gupta,J.)