Sk Atikur Rahaman v. State Of West Bengal And ANR
04.11.2022 sdas rejected C.R.M.(DB) No. 3867 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Jalangi Police Station Case No. 150 of 2022 dated 05.05.2022 under Sections 341/323/506 of the Indian Penal Code and adding Section 4 of the POCSO Act.
And In Re : Sk. Atikur Rahaman .... petitioner Ms. Minoti Gomes Mr. Jisan Hossain ....for the petitioner Mr. Joydeep Roy Mr. Amanul Islam ...... for the State Learned Counsel appearing for the petitioner submits he is in custody for six months. It is also submitted that there was a love affair between the parties.
Learned Counsel appearing for the State opposes the prayer for bail and submits victim is a minor. We have considered the materials on record. Petitioner is 45 year old man while the victim is barely in her teens. Petitioner had misled the victim to believe that they had entered into a marriage contract and ravished her.
In view of the aforesaid incriminating materials, we are of the opinion that this is not a fit case to grant bail to the petitioner at this stage.
Prayer for bail is, thus, rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)