Julfikar Sk @Julkar Sk v. State Of West Bengal

31.10.2022.

47.

Ct.No.28 as (Rejected) C.R.M. (DB) 3784 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Malda P.S. Case No. 170 of 2022 dated 23.04.2022 under Section 363 of the Indian Penal Code read with Section 6 of the POCSO Act and charge sheet submitted under Sections 363/34 of the Indian Penal Code read with Section 6 of the POCSO Act. In the matter of : Julfikar Sk. @ Julkar Sk.

... Petitioner.

Mr. Mrityunjoy Chatterjee, Mr. Debapriya Majumder.

...for the Petitioner.

Mr. Rudradipta Nandy, ld. A.P.P., Mrs. Sonali Das.

...for the State.

Petitioner submits there was a love affair between the parties and he has been falsely implicated in the instant case. He is in custody for more than six months.

Learned Advocate for the State opposes the prayer for bail.

We have considered the materials on record including the statement of the minor girl recorded under Section 164 of the Code of Criminal Procedure. From her statement it appears that petitioner had cohabited with her through deception. Under such circumstances, we are of the opinion this is not a fit case to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected.

(Partha Sarathi Sen,J.) (Joymalya Bagchi, J.)