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Calcutta High CourtCRM (DB)/3912/2023rejected

Bikram Das v. State Of West Bengal And ANR

2023-11-24Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

24.11.2023.

25.

Ct.No.28 as (Rejected) C.R.M. (DB) 3912 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Balurghat P. S. Case No.574 of 2023 dated 19.07.2023 under Sections 376DA/354C/506 of the Indian Penal Code read with Section 6 of the POCSO Act.

In the matter of : Bikram Das.

... Petitioner.

Mr. Kaushik Choudhury, Ms. Busra Khatun.

...for the Petitioner.

Mr. Joydeep Roy, ld. Jr. Govt. Adv., Ms. Sujata Das.

...for the State.

Mr. Bibaswan Bhattacharya, Ms. Bindia Paul.

...for the victim girl.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record.

Statement of the victim shows she was subjected to penetrative sexual assault by petitioner and co-accused. 3.

In view of gravity of offence and the prima facie involvement of the petitioner therein, we are not inclined to grant bail to the petitioner.

4.

Accordingly, the prayer for bail of the petitioner is rejected.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)