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Calcutta High CourtCRM (DB)/4478/2023rejected

Rajesh Mia v. State Of West Bengal And ANR

2023-12-01Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

01.12.2023 Sl. No.67 akd [Rejected] C. R. M. (DB) 4478 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.10.2023 in connection with Manikchak Police Station Case No.51 of 2022 dated 07.02.2022 under Section 6 of the POCSO Act.

And In Re: Rajesh Mia ... ... Petitioner Mr. Arup Kumar Bhowmick ... ... for the petitioner Mr. Debabrata Chatterjee .. ld. Addl. Public Prosecutor Mr. Santanu Chatterjee ... ... for the State

1. It is submitted on behalf of the petitioner that the minor victim has already been examined. Accordingly, he renews his prayer for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. We have considered the materials on record. Minor victim has implicated the petitioner in the offence of penetrative sexual assault. Under such circumstances and in view of gravity of the offence, we are not inclined to grant bail to the petitioner at this stage.

4. The application for bail is thus rejected.

5. Trial court is directed to expedite the trial and conclude the same at an early date.

6. Parties shall communicate a copy of this order to the trial court for due compliance.

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