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Calcutta High CourtCRM (DB)/4405/2023rejected

Utpal Roy v. State Of West Bengal And ANR

2023-11-23Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

23.11.2023 tkm/ct 28 C.R.M. (DB) 4405 of 2023 sl no. 47 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Gangnapur PS case no. 202 of 2022 dated 15.5.2022 under sections 448/323/506/509/34 IPC and section 6 of the POCSO Act And In Re : Utpal Roy ...petitioner Mr. S Bhattacharyya ...... for the petitioner Mr. Binay Panda Ms. Puspita Saha ...... for the State 1.

Heard learned lawyers for the parties.

2.

We have considered the materials on record. Statement of the minor victim shows she had been subjected to penetrative sexual assault. Charge has been framed but the vulnerable witness is yet to be examined.

3.

Under such circumstances and in view of the gravity of offence, we are not inclined to grant bail to the petitioner. 4.

Accordingly, prayer for bail is rejected.

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