Tarak Bhowmick v. State Of West Bengal

31.10.2022 tkm/ct 28 C.R.M. (DB) 3836 of 2022 sl no.83 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Joypur Police Station Case No. 50/2019 dated 26.3.2019 under Sections 376(A)(B) of the Indian Penal Code and section 6 of the POCSO Act.

And In Re : Tarak Bhowmick ........ petitioner Mrs. Juin Dutta Chakraborty ...... for the petitioner Mr. Prasun Kr. Dutta Mr. S Deb Roy ...... for the State Petitioner is in custody for over 1300 days. It is submitted he has been falsely implicated in the instant case. He prays for bail. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. Statement of the victim girl recorded under section 164 Cr.P.C. shows she is a sixyear old child who was raped by the petitioner. Under such circumstances, we are not inclined to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail is rejected. (Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)