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Calcutta High CourtCRM (DB)/4485/2023rejected

Samiran Pakre v. The State Of West Bengal And ANR.

2023-12-18Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

18.12.2023 tkm/ct 28 C.R.M. (DB) 4485 of 2023 sl no. 147 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Chandernagore PS case no. 25 of 2022 dated 2.2.2022 under sections 376/120B/506 IPC and section 4/6 of the POCSO Act And In Re : Samiran Pakre ...petitioner Mr. Tapas Kr. Ghosh Mr. Tanmoy Chowdhury ...... for the petitioner Mr. Arijit Ganguly Mr. M F A Begg ...... for the State

1. Petitioner contends that there was enmity between him and father of the victim. He has been falsely implicated. Allegation of rape is out and out false. He prays for bail.

2. Learned lawyer for the State oppose the bail prayer.

3. We have considered the materials on record including the evidence of the victim. She has stated that she had been forcibly raped by the petitioner. She has also given explanation for the delay. Co-accused who is on bail stands on completely different footing.

4. Keeping in mind the aforesaid facts and the gravity of offence, we are not inclined to grant bail to the petitioner at this stage.

5. Accordingly, prayer for bail is rejected.

6. Trial court is requested to expedite the trial and conclude the same as expeditiously as possible preferably within six months from the next date fixed for recording evidence without granting unnecessary adjournments to either of the parties. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)